Patna High Court
Dashrath Singh BhoktaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that anticipatory bail is appropriate where the accusation is based merely on suspicion and the accused has a clean antecedent, even in NDPS matters.
Summary
Dashrath Singh Bhokta was named in an FIR for alleged involvement in the recovery of 60 kg of doda from the open Sankhwa forest, invoking Sections 8, 17(c) and 18(c) of the NDPS Act. The petitioner sought anticipatory bail, arguing that the recovery was from a public place and that only suspicion linked him to the contraband. The State opposed the bail, contending that the suspicion was sufficient to justify detention. The Court observed that while the recovery was from an open area, the petitioner’s implication was based solely on secret informant information and noted his clean antecedent. Consequently, the Court granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- What is the applicability of anticipatory bail under Section 438 of the Cr.P.C. to a person implicated solely on suspicion in an NDPS case?
- Whether the recovery of narcotics from an open public place negates the necessity of bail in the absence of concrete evidence against the petitioner?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 17(c), 18(c), 8
Subjects
- NDPS Act
- anticipatory bail
- suspicion
- clean antecedent
- cannabis recovery
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40902 of 2026
Arising Out of PS. Case No.-220 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
Dashrath Singh Bhokta S/o- Dhneshwar Singh Bhokta Resident of Village-
Sankhwa, PS- Barachatty, District- Gaya,
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Barachatti P.S.
Case No. 220 of 2025 registered for the offences punishable
under Sections 8, 17(c) & 18(c) of the N.D.P.S. Act.
3. As per FIR, police recovered 60 kg. Doda from
Sankhwa forest.
4. Learned counsel appearing on behalf of the
petitioner submitted that from FIR itself, it can be gathered
safely that mere on the basis of suspicion, this petitioner
was implicated alongwith co-accused Ramji Singh Bhokta.
It is submitted that admittedly recovery of Doda was made
from Sankhwa Forest, which is an open place and
Patna High Court CR. MISC. No.40902 of 2026(2) dt.24-06-2026
2/3
accessible by general public and, therefore, except
suspicion, nothing survives against this petitioner qua
recovery of present Doda, which is prohibited under the
N.D.P.S. Act.
5. While concluding argument, learned counsel
submitted that petitioner is a man of clean antecedent.
6. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
7. In view of the aforesaid factual submissions and
by taking note of the fact as admittedly recovery of Doda
was made from an open place, where petitioner prima facie
appears implicated with aforesaid recovery on the basis of
suspicion/secret information received by informant,
accordingly, above-named petitioner, who is a man of clean
antecedent, in the event of his arrest/surrender within a
period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge-cum-
Special Judge, NDPS Act, Gaya Ji/concerned court in
connection with Barachatti P.S. Case No. 220 of 2025,
Patna High Court CR. MISC. No.40902 of 2026(2) dt.24-06-2026
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subject to the conditions as laid down under Section 438(2)
of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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