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Patna High CourtCR. MISC./42353/2024bail granted

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

2024-09-13Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42353 of 2024 Arising Out of PS. Case No.-64 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Akhilesh Kumar @ Akhilesh Kumar Bhokta @ Akhilesh Singh Bhokta @ Akhilesh Singh S/o Aditya Singh Bhokta Resident of Village-Badam, P.O.- Umga,P.S.- Madanpur, district-Aurangabad,Bihar ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Uma Kant Mishra, Advocate For the State :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 8(b), 18(b), 20(b)(ii)(c) and 29 of the N.D.P.S. Act.

3. As per prosecution case, this petitioner, along with other accused persons named in the F.I.R., is alleged to be involved in cultivation of opium in a field.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case merely on suspicion. Nothing has been recovered from conscious possession of this petitioner. Petitioner is not the owner of the land in question. Similarly

Patna High Court CR. MISC. No.42353 of 2024(2) dt.13-09-2024 2/3 situated co-accused, namely Munna Singh Bhokta @ Munna Kumar, has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 16.04.2024 passed in Cr. Misc. No. 9934 of 2024. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned Special Judge (N.D.P.S.)- cum-1st Additional District and Sessions Judge, Aurangabad (Bihar), in connection with Madanpur P.S. Case No. 64 of 2023, subject to condition as laid down under Section 438(2) of the

Patna High Court CR. MISC. No.42353 of 2024(2) dt.13-09-2024 3/3 Code of Criminal Procedure.

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