Virendra Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9023 of 2018 Arising Out of PS.Case No. -109 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================
1. Virendra Yadav, Son of Yukti Yadav,
2. Rajesh Sao @ Rajendra Sao, Son of Tribhuvan Sao, Both resident of Village- Prem Nagar, Somiya Kewalia, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P.
Petitioners seek anticipatory bail in Barachatti P.S.Case No.109 of 2016 instituted for the offence under Sections 15/18 of the N.D.P.S.Act.
Allegation as per written report is that these petitioners and four others have cultivated opium over the land belonging to the Forest Department.
It has been submitted on behalf of the petitioners that the allegation is vague and omnibus. Though the informant received secret information about the cultivation on 09.02.2016 but the F.I.R. was lodged on 06.04.2016. In FIR there is no mention of quantity of opium or description of land and area over which
Patna High Court Cr.Misc. No.9023 of 2018 (3) dt.27-02-2018 2/2 cultivation of opium was done. Petitioner has no criminal antecedent.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today,be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Special Judge, N.D.P.S.Act, Gaya, in Barachatti P.S.Case No.109 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Sanjay Kumar, J) AnilKrSinha/- U