Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77676 of 2025 Arising Out of PS. Case No.-64 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Amit Kumar Son of Shaligram Singh Bhokta @ Shaligram Singh Bhogta Resident of Village - Badam, P.S.- Madanpur, District - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Madanpur P.S. Case No. 64 of 2023 instituted for the offences under Sections 8(b), 18(b), 20(b)(ii)(c), 29 of the N.D.P.S. Act.

3. As per the prosecution case, the accused persons including the petitioner are alleged to have been involved in the illegal cultivation of opium poppy on their land.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.77676 of 2025(2) dt.20-11-2025 2/3 Charge-sheet has been submitted in this case. Petitioner is in custody since 19.09.2025 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner and the petitioner is alleged to be involved in the cultivation of opium. He further submitted that the allegations levelled against him are bald and there is no cogent material to prove the involvement of the petitioner in the alleged offences. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. He further submitted that several co-accused persons have already been granted bail by different coordinate Benches of this Court vide Annexure-P/3 Series to the present bail application.

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

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.77676 of 2025(2) dt.20-11-2025 3/3 below/concerned Court in connection with Madanpur P.S. Case No. 64 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T