Kuleshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85381 of 2024 Arising Out of PS. Case No.-1157 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== 1.
Kuleshwar Singh S/o Raman Singh R/o Village- Piprahi Tola Gulartad, PSBarachatti, Dist- Gaya 2.
Ishwar Singh S/o Late Khedan Singh R/o Village- Piprahi Tola Gulartad, PSBarachatti, Dist- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Union of India, through the Intelligence Officer, Narcotics Control Bureau, Patna Ministry of Home Affaris, Department of Internal Security, Govt. of India ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP For the UOI : Mr. Dr. K.N. Singh, A.S.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2024 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in connection with Barachatti P.S. Case No.1157 of 2022 for the offences punishable under Sections 8 (b) and 18/29 of the N.D.P.S. Act.
3. The allegation against the petitioners is that they are involved in cultivating of Opium plants.
4. The petitioners are quite innocent and have been falsely implicated in this case merely on suspicion. The allegations levelled against the petitioners is general and
Patna High Court CR. MISC. No.85381 of 2024(2) dt.19-12-2024 2/2 omnibus in nature. It is further submitted that co-accused, Ganesh Singh @ Rajesh Singh Bhokta has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 30.08.2023 passed in Cr. Misc. No.57304 of 2023.
5. Per contra, learned APP for the State and learned A.S.G. vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.
6. Considering the facts and circumstances of case and the nature of the allegation, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected.
7. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T