Budhan Singh @ Budhan Singh Bhokta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27821 of 2024 Arising Out of PS. Case No.-1052 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Budhan Singh @ Budhan Singh Bhokta Not given R/o Vill- Sakhwa, P.OBhalua, P.S.- Barachatti, Dist- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Barachatti P.S. Case No. 1052 of 2023, registered for the offences punishable under Sections 8, 18 and 29 of the NDPS Act.

3. As per allegation, the petitioner along with other accused persons illegally cultivated opium on the Government land, belonging to the Forest Department.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The land wherefrom the alleged cocaine crop is cultivated, belongs to the Forest Department and not to the petitioner. There is nothing in the entire investigation which relates

Patna High Court CR. MISC. No.27821 of 2024(3) dt.13-08-2024 2/2 the cultivation of the crops with the petitioner. He has submitted further that in both the cases mentioned in paragraph no. 3 of the bail petition, the petitioner has been granted anticipatory bail. The petitioner is under custody since 18.02.2024.

5. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judgecum-Special Judge, NDPS Act, Gaya in connection with Barachatti P.S. Case No. 1052 of 2023, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case except those mentioned in paragraph no. 3 of the bail petition, his bail bond shall liable to be cancelled.

(Nawneet Kumar Pandey, J) kundan/- U T