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Patna High Court

Lakhan Singh @ Lakhan Singh BhoktaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the bail application, granting bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Lakhan Singh, sought bail after being implicated in a case (Barachatty PS Case No.63 of 2026) under Sections 8(B), 18 and 29 of the NDPS Act for alleged cultivation of opium in a reserved forest. He contended that the accusation was based solely on a local Chaukidar's disclosure and that the forest department, not he, was responsible for checking illegal poppy cultivation by laborers in collusion with officials. The petitioner also emphasized his lack of criminal antecedents. The Additional Public Prosecutor opposed bail. After considering the submissions, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application for bail was therefore allowed.

Issues considered

  • Whether bail can be granted to an accused under Sections 8(B), 18 and 29 of the NDPS Act for alleged opium cultivation.
  • Whether the reliance on a local Chaukidar's disclosure suffices to justify continued detention.
  • Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the nature of the offence.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • opium cultivation
  • reserved forest
  • Section 482(2)
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31863 of 2026
                      Arising Out of PS. Case No.-63 Year-2026 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Lakhan Singh @ Lakhan Singh Bhokta, aged about 41 years, Gender- Male,
                 son of Late Ganeshi Singh Bhokta, resident of Village- Manwajhar, P.S.-
                 Barachatty, District- Gaya,
                                                                        ... ... 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. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   07-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends arrest in connection with

                   Barachatty PS Case No.63 of 2026 dated 17.02.2026, instituted

                   under Sections 8(B), 18 and 29 of the NDPS Act.

                                3. The allegation against the petitioner and co-accused

                   is that they were involved in cultivation of opium plant in the

                   reserved forest area.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been made accused only on the basis of disclosure

                   made by the local Chaukidar. It is further submitted that the

                   land on which it is alleged that poppy was cultivated is in the

                   reserved forest area. However, it is the duty of the officials of
            Patna High Court CR. MISC. No.31863 of 2026(2) dt.07-05-2026
                                                        2/2




                      the forest department to check illegal cultivation of poppy plants

                      which were cultivated by the labourers in connivance with the

                      forest officials. The petitioner has no concern with the alleged

                      poppy plants cultivated in the forest land. Lastly, it is submitted

                      that the petitioner has no criminal antecedents.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, in

                      the event of arrest or surrender before the Court below within

                      six weeks from today, the petitioner be released on bail upon

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

                      sureties of the like amount each to the satisfaction of the learned

                      Sessions Judge cum Special Judge, NDPS Act, Gaya Jee, in

                      Barachatty PS Case No.63 of 2026, subject to the conditions

                      laid down in Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.

                                   7. The application stands allowed.


                                                                   (Khatim Reza, J)
J. Alam/-

U      T


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