Patna High CourtCR. MISC./81136/2023allowed

Rajesh Yadav v. The State Of Bihar

2024-03-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81136 of 2023 Arising Out of PS. Case No.-13 Year-2022 Thana- DHANGAI District- Gaya ====================================================== Rajesh Yadav Sons Of Late Lakhan Yadav R/O Village- Bighi, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 15, 18(c) and 25 of the N.D.P.S. Act.

3. Prosecution case relates to illegal cultivation of opium over the forest land and private land by the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-6 of this petition that there is no katha no. and plot no. have been mentioned relates to private land of the petitioner and he has no concern in any manner either with the alleged occurrence

Patna High Court CR. MISC. No.81136 of 2023(3) dt.19-03-2024 2/2 or with the land in question. Nothing specific allegation has been levelled against the petitioner rather general and omnibus has been attributed against the petitioner. Moreover, the petitioner is languishing in judicial custody since 04.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhangai P.S. Case No. 13 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Gaya. (Sunil Kumar Panwar, J) Shubham/- U T