Patna High Court
Kamaldev Singh @ Kamaldev Singh Bhokta@ Kamaldev singh BhokataversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that, in view of the petitioner’s lack of criminal antecedent, the state ownership of the land, and similar precedents, anticipatory bail should be granted subject to conditions.
Summary
The petitioner, Kamaldev Singh, sought anticipatory bail fearing arrest in a NDNDPS Act case (sections 8(b), 20(a)(i) & 29) arising from a raid on a state‑owned, naxal‑infested area where cannabis plants were found. The prosecution alleged the petitioner attempted to escape after being identified by the Beat Forest Officer. The petitioner argued the land belongs to the State, he has no criminal antecedent, and similar accused had been granted relief in earlier coordinated bench decisions. The State opposed, contending the Beat Officer named the petitioner. Considering the land ownership, lack of antecedent, and precedent, the Court inclined to grant anticipatory bail with stringent conditions. The order directed release on bail within four weeks upon furnishing a bond of Rs 10,000 with two sureties and compliance with multiple attendance and conduct conditions.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the NDNDPS Act given the circumstances of the alleged offence.
- Whether the fact that the land is state‑owned and naxal‑infested, and the petitioner’s clean record, justify bail.
- Whether the precedents in Yugal Singh and Devan Yadav cases are applicable to extend relief.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(a)(i), 29, 8(b)
Subjects
- anticipatory bail
- NDPS Act
- cannabis cultivation
- state land
- naxal area
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15328 of 2026
Arising Out of PS. Case No.-419 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
Kamaldev Singh @ Kamaldev Singh Bhokta@ Kamaldev singh Bhokata
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Barachatti P.S. Case No. 419 of 2025 for the
offence under sections 8(b), 20(a)(i) & 29 of the NDPS Act
lodged on 03.12.2025 by the informant, Amrendra Kishore.
3. As per the prosecution story, the informant alleged
that on information sent by the Sub Divisional Officer,
Sherghati, the Police raided a place which was earlier naxal
infested. As they reached the place, found the ‘ganja’ plants
which is there in a very large area. The Beat Forest Officer
identified those who wanted to escape, petitioner included. This
led to the FIR.
4. Learned counsel for the petitioner submits that a
perusal of the FIR would show that the land belongs to the State
Patna High Court CR. MISC. No.15328 of 2026(2) dt.12-03-2026
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Government and not to any individual and as per their own, it is
a naxal infested area where comman man dare to go, this
petitioner has no criminal antecedent and the last submission is
that similar situate two accused persons have been granted relief
by the Coordinate Benches in Cr. Misc. No. 8014 of 2026
(Yugal Singh vs State of Bihar and in Cr. Misc. No. 11439 of
2026 (Devan Yadav vs the State of Bihar).
5. Let the same be kept on record.
6. Learned APP opposes the prayer submitting that the
Beat Officer named him.
7. Taking into account the submissions of the parties
as also that the land belongs to the State Government and is a
naxal infested area, the petitioner though named by the Beat
Officer, has no criminal antecedent and similar situate persons
have been granted relief, as recorded above, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Sessions Judge-Cum-Special Judge,
Patna High Court CR. MISC. No.15328 of 2026(2) dt.12-03-2026
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NDPS Act, Gayaji in connection with Barachatti P.S. Case No.
419 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
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(vi) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(Rajiv Roy, J)
Adnan/-
U T
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