Lalan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74059 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- PHULWARIA District- Begusarai ====================================================== Lalan Das, aged about 31 years, Male, Son of Mahesh Das, Resident of Village- Asurari, P.S.- Barauni, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Chandra, Advocate Ms. Priti Singh, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with N.D.P.S. Case No. 38 of 2025 arising out of Phulwaria P.S. Case No. 105 of 2025 instituted for the offences punishable under Sections 20 and 22 of the N.D.P.S. Act.
3. As per allegation in the FIR, it is case of recovery of 70 gm Ganja from the shop of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. He submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that from the seizure list 70 gm of Ganja has been recovered from
Patna High Court CR. MISC. No.74059 of 2025(2) dt.19-11-2025 2/3 the shop of the petitioner but not from his conscious possession. He next submits that 70 gm Ganja is a small quantity. He lastly submits that petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 14.07.2025.
5. Learned APP for the State opposes the prayer for bail.
6. From perusal of the FIR and impugned order of the learned Principal Sessions Judge, Begusarai dated 30.08.2025, it appears that petitioner is named in the FIR. From perusal of the records, it appears that on the basis of written report of the informant Gautam Kumar, A.S.I. Phulwaria, FIR has been registered under Sections 20 and 22 of the N.D.P.S. Act against nine accused persons including the present petitioner and the allegation against him is that there is recovery of 70 gm Ganja from the shop of the petitioner. Petitioner has got clean antecedent as stated in para 3 of the petition and is in custody since 14.07.2025. Similarly situated co-accused persons namely Manoj Sah, Sanjiv Kumar and Ramchen Singh have been granted bail by a Co-ordinate Benches of this Court in Cr. Misc. Nos. 69155 of 2025, 67089 of 2025 and 66839 of 2025 vide orders dated 07.10.2025 and 24.09.2025 respectively. So considering all these aspects of the case and submissions of
Patna High Court CR. MISC. No.74059 of 2025(2) dt.19-11-2025 3/3 learned counsel for the petitioner, I am inclined to granted bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Begusarai in connection with N.D.P.S. Case No. 38 of 2025 arising out of Phulwaria P.S. Case No. 105 of 2025.
(Ramesh Chand Malviya, J) Anand Kr.
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