Swaroop Singh Bhokta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30982 of 2017 Arising Out of PS.Case No. -64 Year- 2015 Thana -BARACHATTI District- GAYA ====================================================== Swaroop Singh Bhokta, Son of Late Saman Singh Bhokta, resident of Village- Kewalia, P.S.- Barachatti, District- Gaya. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner/s : Mr. Nikhilesh Kumar For the Opposite Party/s : Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Barachatty P.S. Case No.64 of 2015 registered for the alleged offences under Sections 18, 20 and 22 of the N.D.P.S. Act. As per the prosecution case, 2 kgs. of poppy fruit was seized from the poppy plant, cultivated by the petitioner on the forest land encroaching it.

It has been submitted by learned counsel for the petitioner that the petitioner has neither encroached the forest land nor has planted the poppy plant on it, rather the said land belongs to the forest department. There is no recovery from the conscious physical possession of the petitioner. He has been languishing in jail custody since 13.01.2017.

Patna High Court Cr.Misc. No.30982 of 2017 (02) dt.07-07-2017 2/2 Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail at present. However, the petitioner may renew his prayer for bail after framing of charge.

Accordingly, this application is rejected.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T