Sanjay Bhuiyan @ Beyas Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71702 of 2022 Arising Out of PS. Case No.-36 Year-2017 Thana- AMAS District- Gaya ====================================================== Sanjay Bhuiyan @ Beyas Bhuiyan Son Of Hori Bhuiyan R/V- Bahera Tola Kherapokhar, P.S- Amas, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Amas P.S. Case No. 36 of 2017 registered under sections 18, 20 and 22 of the N.D.P.S. Act. Allegation against the petitioner along with other coaccused persons is that they were cultivating the opium (afeem) over the lands of village.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The petitioner is not named in F.I.R. rather his name came into light in this case during the course of investigation. It is further submitted that the land over which opium was allegedly cultivated does not belong to the petitioner. Nothing has been

Patna High Court CR. MISC. No.71702 of 2022(2) dt.17-03-2023 2/2 recovered from the conscious possession of the petitioner. He has no concern with the alleged offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 29.07.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 21.10.2021. in Cr. Misc. No. 38360 of 2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Amas P.S. Case No. 36 of 2017 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judgecum-Special Judge (N.D.P.S. Act), Gaya. (Sunil Kumar Panwar, J) shubham/- U T