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2025 DAILYLAW 86148 (PAT)

Haricharan Rikyasan @ Haricharan Rikiyasan v. The State of Bihar

CR. MISC./88304/2024 · 2025-01-30

Anjani Kumar Sharan

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88304 of 2024 Arising Out of PS. Case No.-64 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Haricharan Rikyasan @ Haricharan Rikiyasan Son of Late Ramdeo Rikyasan Village -Badam PS -Madanpur District- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhuresh Singh, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 2 30-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with a case registered for the offence punishable u/s 8(b), 18(b), 20(b) (ii)(c) and 29 of the NDPS Act. 3. As per the prosecution case, petitioner and other co- accused persons were found cultivating opium in the field. 4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever took place. He has been falsely implicated in this case merely on suspicion. The petitioner is not the owner of the land in question and no incriminating article has been recovered from the conscious physical possession of the petitioner. His name transpired Patna High Court CR. MISC. No.88304 of 2024(2) dt.30-01-2025 2/2 merely on the basis of disclosure made by local chowkidar. He has no concern with the cultivation of contraband opium as alleged in the FIR. The petitioner has no criminal antecedent as mentioned in para 3 of the bail application and has been languishing in custody since 20.11.2024. 5. Learned APP for the State opposed the prayer for bail. 6. Considering the facts and circumstances of this case and the fact that petitioner has no criminal antecedent, 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/the Successor Court, in connection with Madanpur P.S. Case No. 64 of 2023. priyanka/- (Anjani Kumar Sharan, J) U T