Patna High CourtCR. MISC./81920/2023allowed

Raushan Singh @ Raushan Singh Bhokata v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81920 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== RAUSHAN SINGH @ RAUSHAN SINGH BHOKATA SON OF LATE TILAK SINGH R/O VILLAGE- GOHI, P.S.- BARACHATTI, DISTRICTGAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8(b), 18, 29 of the N.D.P.S. Act.

3. As per prosecution case, the petitioner was involved in cultivation of Opium crops on the forest land.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there is no Khata No. and Plot No. have mentioned relates to private land of the petitioner and he has no concerned in any manner with the occurrence. There is no specific allegation against the petitioner.

Patna High Court CR. MISC. No.81920 of 2023(2) dt.19-12-2023 2/2 On the basis of suspicion, petitioner has been implicated in the present case and no incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 07.04.2023 passed in Cr. Misc. No. 5274 of 2023. He is languishing in judicial custody since 04.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, N.D.P.S., Act, Gaya in connection with Barachatti P.S. Case No. 137 of 2022.

(Sunil Kumar Panwar, J) Arish/- U T