IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42774 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- BARACHATTI District- Gaya ====================================================== Churaman Singh Son of Narayan Singh Resident of Village- Pathel, P.S.- Rajpur, District- Chatra (Jharkhand) at present Resident of Village- Sisiyatari, P.S.- Barachatti, District- Gaya (Bihar), ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 21-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Barachatti P.S. Case No. 83 of 2025 for the offence under Sections 8(b), 18 and 29 of the N.D.P.S. Act. 3. As per the allegation, Opium cultivation has taken place on a total of 24.99 acres of land located within a forest protected area. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. On perusal of the F.I.R., it appears that local villagers disclosed the name of the accused persons including this petitioner. No incriminating article has been recovered from the Patna High Court CR. MISC. No.42774 of 2025(2) dt.21-07-2025 2/3 possession of the petitioner. Learned counsel further submits that there is general and omnibus allegation against all the accused persons that they are cultivating opium in their land or the forest land. On perusal of the F.I.R., it transpired that neither any plot no. nor khata no. has been mentioned which could disclose the said land belongs to this petitioner. It is also submitted that in similarly situated co-accused namely Rambali Yadav anticipatory bail has been granted by Co-ordinate Bench of this Hon’ble Court in Cr. Misc. No. 34379 of 2025 vide order dated 22.05.2025. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge-cum-special Judge, NDPS Act, Gaya, in connection with Barachatti P.S. Case No. 83 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- (i) One of the bailors should be close relative of Patna High Court CR. MISC. No.42774 of 2025(2) dt.21-07-2025 3/3 the petitioner. (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T