Brajesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67881 of 2025 Arising Out of PS. Case No.-10 Year-2023 Thana- BHADHWAR District- Gaya ====================================================== Brajesh Prasad Son of Ramprasad Mahto Resident of Village - Barwadih, Police Station - Pipra, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Bhadhwar P.S. Case no. 10 of 2023 registered under sections 8B, 18 and 29 of the N.D.P.S. Act.

3. As per the prosecution case, the informant states that on information having been received about the opium plantation having been carried out on 18.3 acres of land, the informant and others reached near the land. It is further stated that they saw the accused persons running away. The accused managed to escape. The informant further sates that either they have carried out the plantation themselves or have got the same done through some other person. The informant further names six accused persons including the petitioner herein.

Patna High Court CR. MISC. No.67881 of 2025(2) dt.24-09-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. From the contents of the FIR itself, it would be evident that the informant is not even sure of the allegations being levelled against the petitioner when it is alleged that either they have done the plantation themselves or have got the plantation done through some other person. The allegation that seeing the informant, the accused including the petitioner started to run away are all false and manufactured. Petitioner has no concern with the land in question nor with the plantation having been done there. He has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., the submissions made by learned counsel for the petitioner and the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bhadhwar P.S. Case no. 10 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.67881 of 2025(2) dt.24-09-2025 3/3 two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya. (Partha Sarthy, J) sauravkrsinha/- U T