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Patna High CourtCR. MISC./62296/2024dismissed

Sanjay Yadav v. The State Of Bihar

2024-10-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62296 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- DHANGAI District- Gaya ====================================================== Sanjay Yadav Son of Gurucharan Yadav R/o Village- Pokhariya, P.S.- Dhangai, District- Gaya (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Singh, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State

2. The petitioner apprehends his arrest in Dhangai P.S. Case No. 25 of 2024 registered for the offences punishable under Sections 8, 15, 18 ( c) & 25 of the NDPS Act.

3. Petitioner is said to have been involved in cultivation of opium plants on large scale on the forest land.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner is a daily wage worker and has been made scapegoat in the present case. Petitioner has no criminal antecedent as

Patna High Court CR. MISC. No.62296 of 2024(2) dt.01-10-2024 2/2 mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of the allegation, the petitioner does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order considering the fact that petitioner has no criminal antecedent. (Anjani Kumar Sharan, J) Trivedi/- U T