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Patna High CourtCR. MISC./3255/2020bail rejected

Indradeo Manjhi v. The State Of Bihar

2021-10-25Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3255 of 2020 Arising Out of PS. Case No.-27 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== 1.

INDRADEO MANJHI Son of Late Mangar Manjhi Resident of Village - Piprahi, P.S.- Barchatti, Distt - Gaya.

2.

Jitendra Manjhi Son of Krishan Manjhi Resident of Village - Piprahi, P.S.- Barchatti, Distt - Gaya.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

THE UNION OF INDIA Government of India.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-10-2021 Heard learned counsel for the petitioners as well as learned Additional.P.P. for the State.

The petitioners apprehends their arrest for the offences alleged under Sections 8, 15, 18, 20 (A) of the N.D.P.S. Act, registered in connection with Barchatti P.S. Case No. 27 of 2019.

As per allegation, the informant who is an A.S.I. got a confidential information that some persons are indulged in illegal cultivation of opium and poppy crops in 10 kathas of land and after seizing and sampling the contraband, the crops were destroyed.

Patna High Court CR. MISC. No.3255 of 2020(5) dt.25-10-2021 2/2 Learned counsel for the petitioners has submitted that there is nothing on the record to show that the land whereupon the cultivation of opium crops is alleged belongs to the petitioners.

Per contra, learned Additional P.P. has submitted that Para-17 of the case diary shows that the investigation is still going on whether the said land is government land or raiyati land.

From perusal of the case diary, it appears that the investigation is still going on and emerging of the further material is not ruled out.

In these circumstances, I do not feel this case as a fit case for anticipatory bail. Accordingly, the prayer for anticipatory bail is hereby rejected.

(Nawneet Kumar Pandey , J) SONALI/- U T