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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31863 of 2026 Arising Out of PS. Case No.-63 Year-2026 Thana- BARACHATTI District- Gaya ====================================================== Lakhan Singh @ Lakhan Singh Bhokta, aged about 41 years, Gender- Male, son of Late Ganeshi Singh Bhokta, resident of Village- Manwajhar, P.S.- Barachatty, District- Gaya, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Barachatty PS Case No.63 of 2026 dated 17.02.2026, instituted under Sections 8(B), 18 and 29 of the NDPS Act.

3. The allegation against the petitioner and co-accused is that they were involved in cultivation of opium plant in the reserved forest area.

4. Learned counsel for the petitioner submits that the petitioner has been made accused only on the basis of disclosure made by the local Chaukidar. It is further submitted that the land on which it is alleged that poppy was cultivated is in the reserved forest area. However, it is the duty of the officials of

Patna High Court CR. MISC. No.31863 of 2026(2) dt.07-05-2026 2/2 the forest department to check illegal cultivation of poppy plants which were cultivated by the labourers in connivance with the forest officials. The petitioner has no concern with the alleged poppy plants cultivated in the forest land. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge cum Special Judge, NDPS Act, Gaya Jee, in Barachatty PS Case No.63 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T