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2025 DAILYLAW 7833 (PAT)

Pramod Kumar @ Pramod Yadav v. The State of Bihar

CR. MISC./462/2025 · 2025-01-31

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.462 of 2025 Arising Out of PS. Case No.-79 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== 1. Pramod Kumar @ Pramod Yadav S/o Bihari Yadav R/o Village- Balua Piprahi, PS- Barachatti, Dist- Gaya 2. Shambhu Kumar @ Shambhu Yadav S/o Bihari Yadav R/o Village- Balua Piprahi, PS- Barachatti, Dist- Gaya 3. Ajay Yadav @ Ajay Kumar S/o Bihari Yadav R/o Village- Balua Piprahi, PS- Barachatti, Dist- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar , Advocate For the Opposite Party/s : Mr. Harendra Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 31-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State . 2. The petitioners apprehend his arrest in a case registered for the offence under Sections 8(b), 18, 29 of the N.D.P.S. Act. 3 . As per the prosecution case, petitioner is alleged to be involved in illegal cultivation of opium plants on large scale Patna High Court CR. MISC. No.462 of 2025(2) dt.31-01-2025 2/3 over the forest land. 4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case only on the basis of suspicion . He further submits that neither the petitioners were involved in illegal cultivation of opium plants nor was present at the time of alleged occurrence . The land in question does not belong to these petitioners. Similarly situated co-accused persons have already been granted anticipatory bail by this Court, vide order dated 05.08.2024 passed in Cr.Misc. No. 40706 of 2024 and Cr. Misc. No. 59289 of 2024 vide order dated 27.09.2024 . Petitioners claim clean antecedent. 5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail. 6. Considering the aforesaid facts, clean antecedents of these petitioners and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya in connection with Barachatti P.S. Case No. 79 of 2024 , subject to condition as laid down under Section 438(2) of the Code of Patna High Court CR. MISC. No.462 of 2025(2) dt.31-01-2025 3/3 Criminal Procedure . Koushik/- (Prabhat Kumar Singh, J) U T