Lal Babu Kumar @ Lalbabu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45706 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- RAGHOPUR District- Supaul ====================================================== Lal Babu Kumar @ Lalbabu Kumar S/o Chandeshwar Rai @ Chandeshwar Ray Resident of Sabalpuram Newal Tola, ward no 04, PS- Sonpur, DistrictSaran Chhapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim, Advocate For the State :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-07-2025 Heard Mr. Md. Fazle Karim, learned counsel for the petitioner and learned APP representing the State.
2. The petitioner is in custody in connection with N.D.P.S. Case No. 13 of 2025 arising out of Raghopur P.S. Case No. 47 of 2025 for the offence punishable under sections 8, 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, lodged on 11.02.2025 by the informant, Surendra Prasad Singh.
3. As per the prosecution story, the Police during the patrolling, intercepted the accused persons near Marwari Hotel, the apprehended person disclosed his name as Lal Babu Kumar (petitioner herein), from his possession, 6 Kilogram ganja was recovered/seized. He informed that he purchased has been made
Patna High Court CR. MISC. No.45706 of 2025(2) dt.30-07-2025 2/3 from one Anand Chaudhary. Accordingly, the F.I.R.
4. Learned counsel for the petitioner submits that it is a clear case of implication which reflects from the F.I.R. itself that despite the Police records that this petitioner gave information that purchase has been made from one Anand Chaudhary, his place was not raided. The petitioner has been implicated only because of criminal antecedent and the last submission is that the recovered/seized quantity is below the commercial one.
5. Learned APP opposes the prayer for bail submitting that the petitioner has criminal antecedent though concede that the recovered/seized quantity is below the commercial quantity.
6. Considering the submissions of the parties as also the fact that he is in custody since 12.02.2025 and the recovered/seized quantity is below commercial one, in that background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge (N.D.P.S.), Supaul in connection with N.D.P.S. Case No. 13 of 2025 arising out of Raghopur P.S. Case No. 47 of 2025 subject
Patna High Court CR. MISC. No.45706 of 2025(2) dt.30-07-2025 3/3 to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document 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 fortnight for one year to mark his attendance;
(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. (Rajiv Roy, J) vinayak/- U T