Raj Kumar Yadav @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87728 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Raj Kumar Yadav @ Raj Kumar S/o Yugeshwar Yadav R/o Village- Piprahi, P.S.- Barachatti, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Sinha, Advocate Mr. Sudhir Kumar Sinha, Advocate For the State :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-01-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Barachatti P.S. Case No. 18 of 2024 dated 09.01.2024, registered for the offences punishable under Sections 8, 18 and 29 of the N.D.P.S. Act, 1985.
3. As per the allegation, the accused persons including the petitioner were involved in cultivation of opium.
4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has been implicated in this case only on account of suspicion. He further submits that the land where the opium was allegedly cultivated belongs to the Forest
Patna High Court CR. MISC. No.87728 of 2024(2) dt.08-01-2025 2/3 Department of the Government and petitioner has no connection with the alleged offence. He further submits that petitioner has been implicated without any legal basis.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has no criminal antecedent.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Sessions Judge-cum-Special Judge (N.D.P.S. Act), Gaya in connection with Barachatti P.S. Case No. 18 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.87728 of 2024(2) dt.08-01-2025 3/3 below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T