Ishwar Singh Bhokta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13461 of 2020 Arising Out of PS. Case No.-133 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== ISHWAR SINGH BHOKTA Son of Khedan Singh Resident of Village - Piprahi Tola Gularia, P.S.- Barachatti, District - Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 8, 15, 18(c), 25, 20 and 22 of the N.D.P.S. Act.

The prosecution case, in short, is that accused persons were involved in cultivation of opium.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. It is alleged that the opium was being cultivated in the field belonging to the petitioner. The petitioner denies the ownership of land in question. The land records also do not

Patna High Court CR. MISC. No.13461 of 2020(7) dt.07-12-2021 2/2 show that the land in question is in the name of the petitioner where the opium is said to have been cultivated. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gaya in connection with Barachatti P.S. Case No. 133 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T