Patna High CourtCR. MISC./70012/2024dismissed

Tuleshwar Singh v. The State Of Bihar

2024-10-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70012 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- DHANGAI District- Gaya ====================================================== Tuleshwar Singh S/O Govind Singh Resident of Village- Tiletarh, P.S. Dhangai, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 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 N.D.P.S. Act.

3. As per the prosecution case, it is alleged that the petitioner and other co-accused persons are involved in cultivation of opium plants on large scale over the forest land.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no incriminating article has been recovered either from possession of the petitioner or from any place belonging to the

Patna High Court CR. MISC. No.70012 of 2024(2) dt.21-10-2024 2/2 petitioner rather entire recovery has been made from an open field belong to protected forest area. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is specifically named in the F.I.R. who is said to be involved in cultivation of opium plants on large scale over forest land.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T