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Patna High Court

Md. Babul @ BabulversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the trial had already commenced and was progressing.

Summary

The petitioner, Md. Babul, applied for bail in a criminal case under Sections 80 and 3(5) of the Bihar Narcotic Substances Act, 2023. He claimed to have a clean record and alleged false implication by the informant. The trial had progressed beyond the framing of charges, with four prosecution witnesses examined and three remaining, including two official witnesses. The State argued that bail should not be granted at this advanced stage of trial. The Court, after considering the State's submission, declined to grant bail, finding that the trial's progression precluded the privilege of bail.

Issues considered

  • Whether bail can be granted to an accused under Sections 80 and 3(5) of the Bihar Narcotic Substances Act, 2023 when the trial has already commenced and prosecution witnesses have been examined.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • trial stage
  • Section 80
  • Section 3(5)
  • Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84177 of 2025
                       Arising Out of PS. Case No.-37 Year-2025 Thana- TARABARI District- Araria
                 ======================================================
                 Md. Babul @ Babul son of Md. Sabir Resident Of Village- Baturbari, Ward
                 No 9, P.s. -Tarabari, District -Araria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md Naushaduzzoha, Advocate
                 For the Opposite Party/s :       Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   18-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 80 and 3(5) of the BNS,

                   2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 17.5.2025. It is further submitted that petitioner, being,

                   husband, has been falsely implicated in the instant case by the

                   informant.

                                4. On query of the Court with regard to the stage of

                   the trial, the learned counsel for the petitioner fairly submits that

                   charges were framed, trial has commenced and four prosecution

                   witnesses have been examined and three witnesses remain to be
            Patna High Court CR. MISC. No.84177 of 2025(3) dt.18-03-2026
                                                        2/2




                      examined out of which two witnesses are official witnesses, on

                      which the learned APP submits that since trial has commenced

                      and is progressing and the petitioner is facing trial in a case

                      registered under Section 80 of the BNS, as such, privilege of

                      bail may not be granted to the petitioner at this stage.

                                   5. Considering the submissions made by the learned

                      APP for the State, the Court is not inclined to release the

                      petitioner on bail.

                                   6. Accordingly, the instant bail application stands

                      rejected.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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