Patna High CourtCR. MISC./39908/2024bail granted

Vijay Kumar @ Vijay Singh Bhokta v. The State Of Bihar

2024-09-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39908 of 2024 Arising Out of PS. Case No.-90 Year-2022 Thana- DHANGAI District- Gaya ====================================================== Vijay Kumar @ Vijay Singh Bhokta Son Of Chattu Singh @ Chattu Singh Bhokta Village -Barsuddi PS- Dhangai Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S. Jamil Akhter, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 8(b), 18, 24 of the Narcotic Drugs and Psychotropic Substances Act.

3. As per prosecution case, on 9.12.22, illegal cultivation of opium was found in the forest and co-villagers disclosed the name of this petitioner who is alleged to have fled away from the place of occurrence. It is further alleged that two boxes of opium flower were also recovered.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on suspicion. Cultivation of opium was found in the forest area which is an open place, accessible to all. Petitioner claims clean

Patna High Court CR. MISC. No.39908 of 2024(3) dt.04-09-2024 2/2 antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge-cum-Special Judge, NDPS Act, Gaya in connection with Dhangai P. S. Case No. 90 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T