Swaroop Singh Bhokta v. The State Of Bihar

Patna High Court Cr.Misc. No.46952 of 2017 (2) dt.04-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46952 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/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nikhilesh Kumar For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barachatti P.S. Case no. 64 of 2015 registered for the offence punishable under Sections 18, 20, 22 of the N.D.P.S. Act. As per prosecution case, 2 Kgs. of poppy fruit was seized from the poppy plant, cultivated by the petitioner on the forest land encroaching the same.

It is submitted by the learned counsel for the petitioner that the petitioner has neither encroached the forest land nor planted the poppy plant on it, rather the said land belongs to the forest department and the petitioner has no concern with the said land. There is no recovery from the conscious

Patna High Court Cr.Misc. No.46952 of 2017 (2) dt.04-10-2017 physical possession of the petitioner. The petitioner has been languishing in custody since 13.01.2017. His earlier bail petition was rejected by this court with liberty to renew the same after framing the charge and now charge in the case has already been framed on 28.07.2017.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gaya in connection with Barachatti P.S. Case no. 64 of 2015. (Prakash Chandra Jaiswal, J) rohit/- U T