Deo Shanknar Singh Bhokta @ Deo Shankar Singh Bhogta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5400 of 2024 Arising Out of PS. Case No.-64 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Deo Shanknar Singh Bhokta @ Deo Shankar Singh Bhogta Son of Raghu Singh Bhogka Resident of Village Badam, P.S.-Madanpur, District-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 8(b), 18(b), 20(b)(ii)(c), 29 of NDPS Act.

3. Allegedly, all the FIR named accused persons including the petitioner are said to be involved in the cultivation of opium plants, which were grown in total 3 acres area of forest land.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged in the FIR has ever taken place. Petitioner has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He has no concern

Patna High Court CR. MISC. No.5400 of 2024(4) dt.10-04-2024 2/2 with the land where opium plants were cultivated. No any contraband article has been recovered from the possession of the petitioner or from his house. His name has been transpired in the present case merely on the basis of the disclosure made by local Chaukidar. He has no role in the cultivation of the opium. Petitioner has no criminal antecedent as mentioned in para-3 of this application and he is in custody since 04.10.2023.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the period of custody as well as the fact that no any contraband article has been recovered from the possession of the petitioner or from his house, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, in connection with Madanpur P.S. Case No. 64 of 2023.

(Anjani Kumar Sharan, J) divyanshi/- U T