Komal Prasad @ Komal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74110 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- DHANGAI District- Gaya ====================================================== KOMAL PRASAD @ KOMAL MAHTO Son of Kashi Mahto R/o Vill.- Dhanawan, P.S.- Barachatti, Jaigir, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kr. Sinha For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Dhangai P.S. Case No.14 of 2022, registered for the offences punishable under Sections 8(b), 18 and 29 of the NDPS Act. The prosecution case, in brief, is that on 12.02.2022, as per direction of the superior officer, the informant alongwith other forest officials, police force, Anchal staff of Barachatti, SSB force and staff of Narcotics Department visited near village Barsudi and found illegal cultivation of opium plants over the forest land, government land and private land measuring total 23.21 acres, out of which , 15.39 acres was forest land, 0.88 acre was private land and 6.94 acres was government land. The opium plants were destroyed and the informant came to know that the petitioner was engaged in illegal cultivation of opium.

Patna High Court CR. MISC. No.74110 of 2022(2) dt.28-03-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the name of the petitioner transpired in the case on the basis of secret information.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner by submitting that the petitioner is engaged in illegal cultivation of opium. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) S.KUMAR/- U T