Patna High Court
Md. Babul @ BabulversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 80
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
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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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