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2026 DAILYLAW 9092 (PAT)

Kamaldev Singh @ Kamaldev Singh Bhokta@ Kamaldev singh Bhokata v. The State of Bihar

CR. MISC./15328/2026 · 2026-03-12

Rajiv Roy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15328 of 2026 Arising Out of PS. Case No.-419 Year-2025 Thana- BARACHATTI District- Gaya ====================================================== Kamaldev Singh @ Kamaldev Singh Bhokta@ Kamaldev singh Bhokata ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 12-03-2026 Heard the parties. 2. The petitioner is apprehending his arrest in connection with Barachatti P.S. Case No. 419 of 2025 for the offence under sections 8(b), 20(a)(i) & 29 of the NDPS Act lodged on 03.12.2025 by the informant, Amrendra Kishore. 3. As per the prosecution story, the informant alleged that on information sent by the Sub Divisional Officer, Sherghati, the Police raided a place which was earlier naxal infested. As they reached the place, found the ‘ganja’ plants which is there in a very large area. The Beat Forest Officer identified those who wanted to escape, petitioner included. This led to the FIR. 4. Learned counsel for the petitioner submits that a perusal of the FIR would show that the land belongs to the State Patna High Court CR. MISC. No.15328 of 2026(2) dt.12-03-2026 2/4 Government and not to any individual and as per their own, it is a naxal infested area where comman man dare to go, this petitioner has no criminal antecedent and the last submission is that similar situate two accused persons have been granted relief by the Coordinate Benches in Cr. Misc. No. 8014 of 2026 (Yugal Singh vs State of Bihar and in Cr. Misc. No. 11439 of 2026 (Devan Yadav vs the State of Bihar). 5. Let the same be kept on record. 6. Learned APP opposes the prayer submitting that the Beat Officer named him. 7. Taking into account the submissions of the parties as also that the land belongs to the State Government and is a naxal infested area, the petitioner though named by the Beat Officer, has no criminal antecedent and similar situate persons have been granted relief, as recorded above, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions. 8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge-Cum-Special Judge, Patna High Court CR. MISC. No.15328 of 2026(2) dt.12-03-2026 3/4 NDPS Act, Gayaji in connection with Barachatti P.S. Case No. 419 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide; (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. Patna High Court CR. MISC. No.15328 of 2026(2) dt.12-03-2026 4/4 (vi) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation; Adnan/- (Rajiv Roy, J) U T