Patna High Court
Baijnath Singh Bhokta @ Baijnath SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Baijnath Singh Bhokta, sought anticipatory bail fearing arrest in a case alleging violations of Sections 8(B), 18 and 29 of the NDPS Act for alleged opium cultivation on protected forest land. The prosecution described a joint raid that uncovered approximately 1.10 acres of opium plants, which were identified, uprooted and destroyed. The petitioner’s counsel argued that no incriminating material was found in his possession, the FIR was based solely on villagers' statements, and the petitioner's land was not specifically identified, emphasizing his clean antecedent. The State opposed the bail application. The Court, after considering the submissions, exercised its inherent powers under Section 482 of the Criminal Procedure Code and granted anticipatory bail subject to a Rs.10,000 bond, two sureties, a four‑week surrender period, and the condition that one bailor be a close relative. The order directs the petitioner to be released on bail if arrested within the stipulated period.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Sections 8(B), 18 and 29 of the NDPS Act.
- Whether the facts disclosed in the FIR and the absence of seized material from the petitioner justify the grant of bail.
Legislation cited
- Criminal Procedure Code (CrPC) — s. 482
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 18, 29, 8(B)
Subjects
- anticipatory bail
- NDPS Act
- opium cultivation
- forest land
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32376 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- BARACHATTI District- Gaya
======================================================
Baijnath Singh Bhokta @ Baijnath Singh son of Late Dwarika Singh Resident
of Village- Phunguniya, P.S.- Barachatty, District- Gaya Ji,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh
For the Opposite Party/s : Mr. Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Barachatti P.S. Case No. 56 of 2026 for the
offence under Sections 8(B), 18 and 29 of the NDPS Act.
3. The prosecution case, in brief, is that on 08.02.2026
at about 11:10 AM, a joint team comprising officials of the SSB,
Home Products Department, representatives of the Intelligence
Bureau and NCB reached the place of occurrence for inspection
and verification. During inspection, it was found that illegal
opium cultivation was being carried out in the forest area
situated near the river bank. Upon measurement and
verification, opium cultivation was detected over approximately
1.10 acres of protected forest land falling under Forest Thana
Patna High Court CR. MISC. No.32376 of 2026(2) dt.07-05-2026
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No. 284, notified vide Notification No. C/PF10148/52-23R
dated 02.01.1953. The opium plants were identified and
confirmed by all members of the raiding team, after which the
plants were uprooted. Thereafter, the opium crop was destroyed
on the spot by labourers under the supervision of the authorities.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. From perusal of the F.I.R. it appears that local
villagers disclosed the name of the accused persons including
the present petitioner. Nothing incriminating has been recovered
from his conscious possession. Learned counsel further submits
that there is general and omnibus allegation against all the
accused persons that they are cultivating the opium in their land
or the forest land. From perusal of the First Information Report,
it transpired that neither any plot no. nor Khata no. of the land in
question has been mentioned which disclosed that the said land
belongs to this petitioner. A statement has been made in para 3
that petitioner has clean antecedent.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
Patna High Court CR. MISC. No.32376 of 2026(2) dt.07-05-2026
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arrest or surrender within a period of four weeks from the date
of receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Sessions Judge-cum-Special Judge,
NDPS Act, Gaya Ji, in connection with Barachatti P.S. Case
No. 56 of 2026 subject to the conditions as laid down under
Section 482 of B.N.S.S., as also with the condition that one of
the bailors should be close relative of the petitioner.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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