Created by Fuzzy Cloud

Patna High Court

Shivpujan Kumar @ Sheopujan Kumar @ Shivpujan Kumar BhogtaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Shivpujan Kumar Bhogta, applied for regular bail in a case registered under the Narcotic Drugs and Psychotropic Substances Act for alleged illegal cultivation of opium. The prosecution alleged his involvement, while the petitioner claimed innocence, lack of ownership of the land, and a clean antecedent, noting that a co-accused had already been granted bail. The State opposed the bail application. The court considered the nature of the offence, the petitioner’s clean record, and the period of custody, and decided to grant bail. He was ordered to be released upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the District & Additional Sessions Judge.

Issues considered

  • Whether bail should be granted to the accused in a case under the NDPS Act involving alleged illegal cultivation of opium.
  • Whether the petitioner’s clean antecedent and period of custody justify regular bail despite the seriousness of the charges.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • illegal cultivation of opium
  • clean antecedent
  • sureties
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76710 of 2025
                    Arising Out of PS. Case No.-64 Year-2023 Thana- MADANPUR District- Aurangabad
                 ======================================================
                 Shivpujan Kumar @ Sheopujan Kumar @ Shivpujan Kumar Bhogta S/O
                 Rajendra Singh Bhokta @ Rajendra Singh Bhogta R/O Village- Badam, P.S-
                 Madanpur, Distt.- Aurangabad (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aman Vishal, Advocate
                 For the Opposite Party/s :      Ms. Renuka Ratnakar (App 125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Madanpur P. S. Case No. 64 of 2023 in a case registered for the

                   offences punishable under Sections 8(b), 18(b), 20(b)(ii)(c), 29

                   of the Narcotic Drugs and Psychotropic Substances Act.

                                3. As per prosecution case, this petitioner is alleged to

                   be involved in illegal cultivation of opium.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case only on suspicion. Petitioner is not the owner of the land in

                   question. It is further submitted that similarly situated co-

                   accused, namely, Somar Bhuiyan has already been granted
              Patna High Court CR. MISC. No.76710 of 2025(2) dt.09-01-2026
                                                          2/2




                        regular bail by this Hon’ble Court vide order dated 27.06.2025

                        passed in Cr. Misc. No. 24760 of 2025. Petitioner claims clean

                        antecedent and he is in custody since 19.09.2025.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation, clean

                        antecedent and period of custody, this bail application is

                        allowed. The petitioner, above named, is directed to be released

                        on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the learned District & Additional Sessions Judge 1st cum Special

                        Judge (SC/ST, Children & NDPS Act), Aurangabad (Bihar) in

                        connection with Madanpur P. S. Case No. 64 of 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.