Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76500 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Shankar Yadav S/O Prayag Yadav Resident of Village- Piprahi, P.S. Barachatti, District- Gaya, ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Barachatti P.S. Case No. 18 of 2024 registered for the offences punishable under Sections 8, 18, 29 of N.D.P.S. Act.
3. As per the prosecution case, it is alleged that the petitioner is involved in the 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 from the conscious possession of the petitioner. He further submits that similarly
Patna High Court CR. MISC. No.76500 of 2024(3) dt.17-01-2025 2/2 situated co-accused has been granted anticipatory bail by a Coordinate Bench of this Court. 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 specific overt act has been attributed against the petitioner.
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.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that the petitioner has no criminal antecedent.
(Anjani Kumar Sharan, J) anand/- U T