Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56459 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== ANIL YADAV, Son of Sohar Yadav, Resident of Village - Gobariya, P.S. - Barachatti, Distt - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Union of India through Officer, Narcotic, Control Bureau, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nikhilesh Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 8, 5, 18(C) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. According to FIR illegal cultivation of opium was found by the police in the referred river side. Samples were taken out and thereafter the opium plants were destroyed. However, the police did not get the identity of the cultivator or owner of the land. On the next day, on confidential information, it was gathered that the same was of the petitioner and others. Who disclosed the name of the petitioner or the plot number etc. of the land from which recovery was made is not mentioned therein. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.56459 of 2019(2) dt.09-09-2019 2/2 Considering the fact that there is no substantial material against the petitioner for his continued detention as under trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with NDPS Case No. 28 of 2019 arising out of Barachatti Police Station Case No. 116 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T