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2025 DAILYLAW 23327 (PAT)

Tuntun Kumar v. The State of Bihar

CR. MISC./13786/2025 · 2025-03-05

Anjani Kumar Sharan

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13786 of 2025 Arising Out of PS. Case No.-64 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Tuntun Kumar Son of Hari Singh Bhokta Resident of Village - Badam, P.O.- Umga, P.S.- Madanpur, District - Aurangabad (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Kant Mishra, Adv. For the Opposite Party/s : Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 2 05-03-2025 Heard Mr. Uma Kant Mishra, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State. 2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8(b), 18(b), 20(b)(ii)(c) and 29 of the NDPS Act. 3. As per the prosecution case, all the FIR named accused persons including the petitioner are said to be involved in cultivation of opium plants, which were grown in total 3 acres area of forest land. 4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner Patna High Court CR. MISC. No.13786 of 2025(2) dt.05-03-2025 2/2 has been falsely implicated in this case due to vague suspicion raised by the co-villagers and chaukidar. Similarly situated co- accused has been enlarged on bail by this Court vide order dated 24.01.2025 and 30.01.2025 passed in Cr. Misc. No. 85914 of 2024 and Cr. Misc. No.88304 of 2024 respectively. The petitioner has no criminal antecedent and has been languishing in custody since 15.12.2024. 5. Learned APP for the State opposed the bail petition. 6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Madanpur P.S. Case No.64 of 2023. anand/- (Anjani Kumar Sharan, J) U T