Kewal Singh @ Kewal Singh Bhokta @ Kewal Singh Bhogta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30837 of 2023 Arising Out of PS. Case No.-226 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Kewal Singh @ Kewal Singh Bhokta @ Kewal Singh Bhogta Son Of Budhan Singh Resident Of Village- Naare, Ps- Barachatti, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 8(b), 18 and 29 of the N.D.P.S. Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he along with other officials visited village Naare and found illegal cultivation of opium over 6.65 acres of land belonging to forest and 3.92 acres of private land, it is next alleged that thereafter the informant came to know that the accused persons, including the petitioner, were engaged in illegal cultivation of opium.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.30837 of 2023(2) dt.28-07-2023 2/3 petitioner has been falsely implicated in the present case, it is next submitted that he was not apprehended from the spot as such nothing was recovered from his conscious possession, it is also submitted that from the FIR itself, it would manifest that opium was planted over 6.65 acres of forest land and it appears that the same was done in connivance with the forest officials and when the superior officials came to know about the same, the present false case came to be instituted when petitioner, admittedly, is a person with clean antecedent. Learned counsel submits that petitioner will not abscond rather will cooperate in the investigation and will present himself as and when required by the Investigating Officer of the case for eliciting the truth.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barachatti P.S.

Patna High Court CR. MISC. No.30837 of 2023(2) dt.28-07-2023 3/3 Case No. 226 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not producing himself when called, the learned Trial Court would be at liberty to cancel the bail bonds of the petitioner after recording reasons.

(Satyavrat Verma, J) Rishi/- U T