Arjun Paswan @ Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1430 of 2025 Arising Out of PS. Case No.-31 Year-2024 Thana- DHANGAI District- Gaya ====================================================== Arjun Paswan @ Ajay Paswan Son of Gopal Paswan Resident of VillageChando, P.S. Dhangai, District- Gaya, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Ms. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-02-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 8, 15, 18(c) and 25 of the NDPS Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that opium was found planted on 1.23 acres of protected forest land which was destroyed.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant with an allegation that the villagers disclosed the name of the petitioner and other accused who were involved in plantation of opium on the forest land. The learned counsel

Patna High Court CR. MISC. No.1430 of 2025(2) dt.05-02-2025 2/3 submits that Forest Department has its own team which inspects the forest periodically and as such it does not appear probable that petitioner along with other on such huge tract of land would have planted opium and the same would not have come to the notice of the forest authorities. It is further submitted that it may be a ploy of the informant to falsely implicate the petitioner with a view to save the forest officials. It is next submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dhangai P.S. Case No. 31 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear that in the event if the

Patna High Court CR. MISC. No.1430 of 2025(2) dt.05-02-2025 3/3 Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to forthwith cancel the bail bonds of the petitioner.

8. It is further made clear that if charge sheet is submitted connecting the petitioner with the offence, in that event the present anticipatory bail order shall lose its effect. (Satyavrat Verma, J) Rishabh/- U T