Patna High Court
Baban SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to bail and is released upon furnishing the prescribed bail bond and sureties.
Summary
The petitioner, Baban Singh, father‑in‑law of a deceased woman, was arrested on 25‑Oct‑2025 in connection with a case registered under Sections 80(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. He contended that the allegations were directed at the deceased's husband, who is already in custody, and that he has no involvement in the family affairs or property matters. The State opposed his bail application, arguing the seriousness of the offence. The court examined the facts, noting the petitioner’s separate status and the period of custody, and found no substantive link to the alleged crime. Consequently, the court ordered his release on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Sub‑Judge at Sasaram. The order reflects the court’s discretion to grant bail where the accused’s connection to the alleged offence is tenuous.
Issues considered
- Whether the petitioner is entitled to bail under Sections 80(2) and 3(5) of the Bihar Narcotic Substances Act, 2023 given the facts of the case
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 80(2)
Subjects
- bail
- criminal procedure
- Bihar Narcotic Substances Act
- 2023
- court discretion
- separate liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88280 of 2025
Arising Out of PS. Case No.-312 Year-2025 Thana- CHENARI District- Rohtas
======================================================
Baban Singh Son of Late Devchand Singh Resident of Village- Pachaura,
P.S.- Chenari, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant
For the Opposite Party/s : Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 80(2) and 3(5) of the B.N.S., 2023.
3. Petitioner is father-in-law of the deceased. There is
general and omnibus allegation. Thrust of the accusation is
against husband of the deceased, who is already in custody.
Petitioner is separate in mess and property and has got no
concern with the family affairs of deceased and her husband.
Petitioner is in custody since 25.10.2025.
4. Learned A.P.P. opposes the prayer for bail.
5. In the facts and circumstances of the case as well as
period of custody, let the above named petitioner be released on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
Patna High Court CR. MISC. No.88280 of 2025(2) dt.30-01-2026
2/2
two sureties of the like amount each to the satisfaction of
learned Sub Judge VII-cum-A.C.J.M., Sasaram, Rohtas/
concerned Court in connection with Chenari P.S. Case No. 312
of 2025.
(Prabhat Kumar Singh, J)
anay/-
U T
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