Baldeo Singh Bhokta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52618 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Baldeo Singh Bhokta Son Of Late Dev Nath Singh Bhokta R/O Deaat P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhilesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case registered under Sections 8(b)/18/29 of the N.D.P.S. Act.

Prosecution case, in short, is that there was illegal cultivation of opium plants, which were found from the land of the petitioner. The opium plants were destroyed. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.06.2022 and has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses

Patna High Court CR. MISC. No.52618 of 2022(2) dt.16-12-2022 2/2 alleged against the petitioner. The petitioner has falsely been implicated in the present case. A search was made, in which plants of opium were found from the agricultural field of different villagers including the petitioner. The petitioner had no knowledge that how the opium plants had grown upon his agricultural field. He had no concern with the cultivation of the opium plants. The petitioner is a small agriculturist. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Gaya in connection with Barachatti P.S. case No.93/2022. (Sudhir Singh, J) Narendra/- U T