VIJAY SINGH v. THE STATE OF BIHAR
Case at a glance
Outcome
Bail granted
and nature of accusation, this anticipatory bail is allowed and it
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 8(B), 18, 29
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 55. Considering the facts and circumstances of the case and nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from…
Judgment
Mr. N. K. Agrawal, Sr. Advocate Mr. Sudhir Kumar Sinha, Advocate Ms. Diksha Kumari, Advocate Mr. Anil Kumar, A.P.P. For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 01-08-2023 Heard learned counsel for the petitioners and the State.
Petitioners apprehend arrest in a case registered for the offences punishable under Sections 8(B), 18/29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’).
As per the prosecution story, the informant received information that near the village Nabigadh, opium plant is being cultivated in the land area of 32.5 acre. On this information, the informant along with other police officials went there and saw the accused persons including these petitioners roaming around the said field. Patna High Court CR. MISC. No.33574 of 2023(3) dt.01-08-2023
It is submitted that the only allegation against the petitioners is that they were roaming around the field where the cultivation of Afim was being done. Petitioners deny the allegation and submits that the land over which opium was being cultivated does not belong to them and they have been made accused only on suspicion.
Operative part
Considering the facts and circumstances of the case and nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, 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 Sessions Judge-cum- Special Judge (N.D.P.S. Act), Gaya in connection with Barachatty P. S. Case No. 160 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Navya/- U T (Prabhat Kumar Singh, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: and nature of accusation, this anticipatory bail is allowed and it
Which statutory provisions did this judgment involve?
Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 8(B), 18, 29; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.