Lal Babu Thakur @ Lalbabu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51918 of 2024 Arising Out of PS. Case No.-472 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== Lal Babu Thakur @ Lalbabu Thakur Son Of Shree Lal Thakur @ Srilal Thakur Village- Suryanha, Ps- Pokhariya, Dist- Parsa , Nepal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-02-2025 Heard Mr. Shashank Shekhar, learned counsel for the petitioner and Mr. Zainul Abedin learned APP.

2. The petitioner is in custody in connection with Ramgarhwa P.S. Case No. 472 of 2023 registered for the offence under Sections 17(c), 18(B), 21(c), 22(c) and 23(c) of the Narcotic Drugs and Psychotropic Substance Act, lodged on 23.12.2023 by the informant Md. Aslam Ansari.

3. As per the prosecution story, the informant alleged that during the vehicle check operation, Yamaha Motorcycle was intercepted upon search 7.46 kg of Charas was recovered beside Indian and Nepali currency. This led to the FIR.

4. It is case of the petitioner that he has taken lift from the co-accused having little knowledge about the presence of

Patna High Court CR. MISC. No.51918 of 2024(7) dt.14-02-2025 2/2 Charas in it and further perusing the F.S.L. report it cannot be said that the recovered/seized material is Charas.

5. Taking into account the aforesaid facts, the F.S.L report which was long pending was called for failing which the Director was required to be present in the Court.

6. Pursuant to the said order, the report has come and it has found to be Charas.

7. In that background, and considering the quantity that has been recovered/seized, the petitioner is not entitled to bail.

8. Accordingly, the bail application stands rejected. (Rajiv Roy, J) krishnakant/- U T