Patna High Court
Surendra BhoktaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner on the condition of furnishing a bail bond and sureties.
Summary
The petitioner, Surendra Bhokta, was arrested in February 2025 for alleged cultivation of opium on 20 katha of forest land, charged under Sections 8, 17 and 18 of the NDPS Act. He claimed innocence, stating that only five kilograms of opium plants were recovered and that co‑accused had already been granted bail. Having been in custody for about eleven months, he sought regular bail, arguing his clean antecedents. The State opposed the bail application. The Court considered the nature of the offence, the length of incarceration, and the petitioner’s willingness to cooperate, and ordered that he be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to appearing before the trial court on all dates. The order directs the lower court to release the petitioner on bail under the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the seriousness of the offences and the period of pre‑trial detention.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 17, 18, 8
Subjects
- bail
- NDPS Act
- opium cultivation
- regular bail
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36364 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Surendra Bhokta S/o Somar Bhokta R/o Village- Mandih, P.S.- Rajauli,
District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar
For the State : Mr. Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
9 06-01-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Rajauli P.S. Case No. 66 of 2025, registered for the
offences punishable under Sections 8/17/18 of the NDPS Act.
3. As per allegation, the petitioner was cultivating
opium crop on the 20 katha of the forest land.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that only 5 kgs of opium
plants have been recovered. It has further been submitted that
some co-accused persons have been granted regular bail while
some other co-accused persons have been granted anticipatory
bail by the learned Court below. Learned counsel has also
Patna High Court CR. MISC. No.36364 of 2025(9) dt.06-01-2026
2/2
submitted that the petitioner is a person of clean antecedent and
is in custody since 13.02.2025 i.e. for near about 11 months.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioner.
6. Considering the above-mentioned facts and
circumstances and period of incarceration, let the petitioner
above-named, is directed to furnish bail bond and on doing so,
the court below shall release the petitioner on bail on furnishing
bail bonds of Rs.10,000/- with two sureties of the like amount
each to the satisfaction of learned Principal District and
Sessions Judge, Nawada in connection with Rajauli P.S. Case
No. 66 of 2025, subject to the following conditions that the
petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
7. The petitioner is directed to appear physically
before the learned Court below on each and every date till
conclusion of trial.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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