Bhola Singh @ Bhola Singh Bhokta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43221 of 2024 Arising Out of PS. Case No.-200 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Bhola Singh @ Bhola Singh Bhokta Son of Babuni Singh R/O Vill.- Koshmar Gohi, P.S.- Barachatti, Dist.- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Union of India Through The Narcotic Commissioner, New Delhi New Delhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in connection with Barachatti P.S. Case No. 200 of 2024 registered under Sections 8(B), 18 and 29 of the N.D.P.S. Act.
3. As per prosecution case, petitioner is alleged to be involved in illegal cultivation of opium plants on large scale over the forest land.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. Further submission is that the instant F.I.R. has been lodged
Patna High Court CR. MISC. No.43221 of 2024(2) dt.25-07-2024 2/2 after an inordinate delay of one month for which there is no plausible explanation which itself make the entire prosecution case doubtful. Petitioner was neither involved in the illegal cultivation of opium plants nor he was present at the time of alleged occurrence. The petitioner has got no criminal antecedent.
5. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge-cumSpecial Judge, N.D.P.S. Act, Gaya in connection with Barachatti P.S. Case No. 200 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T