Binod Singh Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate. For the State : Mr. Raj Ballabh Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 12-05-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail, apprehending his arrest, in connection with Dhangai P.S. Case No. 25 of 2024 dated 12.03.2024 registered for the offences punishable under Sections 8, 15, 18(c) and 25 of the N.D.P.S. Act, 1985

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As per allegation, there has been cultivation of opium on forest land situated in Dhangai Police Station, Gaya.

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Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has been implicated in this case only on suspicion. The land whereupon the alleged opium has been cultivated, does not belong to the petitioner. He also submits that the petitioner has nothing to do with the

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Patna High Court CR. MISC. No.28351 of 2025(2) dt.12-05-2025 2/3

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alleged offence. He also submits that similarly situated coaccused persons have been enlarged on bail by a co-ordinate Bench of this Court vide order dated 04.09.2024 passed in Cr. Misc. 57643 of 2024.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

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However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

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Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned court below in connection with Dhangai P.S. Case No. 25 of 2024 subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

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Patna High Court CR. MISC. No.28351 of 2025(2) dt.12-05-2025 3/3

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(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

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(Jitendra Kumar, J)

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S.Ali/-

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U T

Binod Singh v. The State of Bihar

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Binod Singh v. The State of Bihar

Case brief

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