Bijay Yadav vs The State Of Bihar
2023 Latest Caselaw 380 Patna

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.35700 of 2022
        Arising Out of PS. Case No.-587 Year-2019 Thana- BARACHATTI District- Gaya
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Bijay Yadav, (Male), aged about 27 years, Son of Late Dwarika Yadav Resident of Village- Baijnathpur @ Baidhnathpur, P.S.- Barachatti (Mohanpur), District- Gaya.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Birendra Kumar Singh, Advocate For the State : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-01-2023

Heard Mr. Birendra Kumar Singh, learned counsel for

the petitioner and Mr. Ashok Kumar Singh, learned Additional

Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with

Barachatti (Mohanpur) P.S. Case No. 587 of 2019 dated

02.12.2019, instituted under Sections 8/15/17/18/20/25 of the

Narcotic Drugs and Psychotropic Substances Act, 1985.

3. This is the second attempt for bail by the petitioner, as

earlier such prayer was rejected by judgment and order dated

20.02.2021 passed in Cr. Misc. No. 31789 of 2020.

4. Learned counsel for the petitioner has reiterated the

earlier submission that the material was not recovered from his

conscious possession as it was forest land.

Patna High Court CR. MISC. No.35700 of 2022 dt.25-01-2023

5. Learned APP submitted that the petitioner has been

found to be the person who was using the land for storage of such

powder which is narcotic substance and from the order of last

rejection, there is no material change in circumstances.

6. Having considered the case and submissions of

learned counsel for the parties and the fact that nothing has been

shown with regard to change of circumstances, and that the

recovery being from the poultry farm of the petitioner strongly

indicating his involvement, the Court is not inclined to allow the

prayer.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Ranjeet/-Anjani

AFR/NAFR U T