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Patna High Court

Vasudev Singh @ Vasudev Singh Bhogta @ Vasdev Singh BhogtaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond, sureties and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

Vasudev Singh Bhogta was arrested in a case under Sections 8(b), 20(a)(i) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for alleged illegal cultivation of cannabis. He contended that the land involved was forest land, that his name was supplied by a local chowkidar, and that no narcotic substance was recovered from him, asserting his innocence and clean antecedents. The petitioner also pointed out that a co‑accused had been granted anticipatory bail in a related matter (Cr. Misc. No. 8014 of 2026). The State opposed the bail application. The Court, after considering the facts, ordered that the petitioner be released on bail upon surrender within eight weeks, subject to a bail bond of Rs 10,000 and two sureties of equal amount, and conditioned on Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner under the NDPS Act despite the serious nature of the alleged offences
  • Whether the petitioner’s claim of innocence and lack of seizure of narcotics warrants bail
  • Whether the anticipatory bail granted to a co‑accused is determinative for the petitioner’s bail application

Legislation cited

Subjects

  • bail
  • NDPS Act
  • cannabis cultivation
  • anticipatory bail
  • forest land
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29855 of 2026
                      Arising Out of PS. Case No.-419 Year-2025 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Vasudev Singh @ Vasudev Singh Bhogta @ Vasdev Singh Bhogta S/o Kailu
                 Singh @ Khiru Singh R/o vill - Piprahi Tola, Guldtad, P.S.- Barachatti, Distt.-
                 Gaya, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   12-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 8(b), 20(a)(i), 29 of the

                   Narcotic Drugs and Psychotropic Substances Act, 1985.

                                3. As per F.I.R., this petitioner along with other 24

                   named accused persons are alleged to be involved in illegal

                   cultivation of Cannabis (Ganja) plants.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. The land in question does not belong to this petitioner,

                   rather it is forest land. Name of the petitioner and others was

                   disclosed by local Chowkidar. There is no recovery of any
          Patna High Court CR. MISC. No.29855 of 2026(2) dt.12-05-2026
                                                      2/2




                    narcotic substance from possession of petitioner. It is further

                    submitted that similarly situated co-accused has already been

                    granted anticipatory bail by this Hon’ble Court vide order dated

                    20.02.2026 passed in Cr. Misc. No. 8014 of 2026. Petitioner

                    claims clean antecedent.

                                 5. Learned A.P.P. for the State has opposed the bail

                    petition.

                                 6. Considering the aforesaid facts and circumstances,

                    let the above named petitioner, in the event of arrest/surrender

                    within a period of eight weeks from today, be enlarged on bail

                    on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                    sureties of the like amount each to the satisfaction of learned

                    Sessions Judge-cum-Special Judge, NDPS Act, Gayaji /

                    concerned Court in connection with Barachatti P.S. Case No.

                    419 of 2025, subject to condition as laid down under Section

                    482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                          (Prabhat Kumar Singh, J)
Navya/Nutan

U     T


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