Patna High Court
Shivpujan Kumar @ Sheopujan Kumar @ Shivpujan Kumar BhogtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Narcotic Drugs and Psychotropic Substances Act — s. 18(b), 20(b)(ii)(c), 29, 8(b)
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
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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
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