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Md. Lal Babu @ Faizan Tabrej v. the State of Bihar

Patna HC27 Apr 2022CR. MISC./14914/2022

Case brief

AI extract

What is this about?

This is a bail application under sections 20 and 22 of the NDPS Act where the petitioner, in custody since July 2020, sought regular bail citing the low quantum of drugs (20 grams of brown sugar) and an error in the prior bail order regarding his criminal antecedents. The Court granted bail.

What did the court decide?

Petitioner directed to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount each.

Md. Lal Babu @ Faizan Tabrej Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14914 of 2022

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Arising Out of PS. Case No.-383 Year-2020 Thana- PHULWARISHARIF District- Patna

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======================================================

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MD. LAL BABU @ FAIZAN TABREJ Son of Md. Sohail Resident of Village - Gulistan Mohalla, P.S. - Phulwari Sharif, Dist - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajnish Kumar Singh, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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5 27-04-2022 Heard learned counsel for the parties.

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The petitioner has renewed his prayer for grant of

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regular bail in a case registered under sections 20 and 22 of the NDPS Act.

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As per the prosecution case, a total of 20 gm of brown sugar was seized from the four named accused persons including the petitioner herein.

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It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 7.9.2021 (Annexure-1) passed in Cr. Misc. No. 12553 of 2021. It is further submitted that from reading of sections 20 and 22 of the NDPS Act it would transpire that even if the allegations as levelled in the FIR are accepted to be true for the sake of argument, the alleged quantity of the drug

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Patna High Court CR. MISC. No.14914 of 2022(5) dt.27-04-2022 2/2

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recovered being below the small quantity, in case of conviction the same will be punishable for a term which may extend to one year or with fine which may extend to Rs. 10,000/-. The petitioner has remained in custody since 16.7.2020. It is submitted that in the earlier order dated 7.9.2021, it had been wrongly recorded that the petitioner has no criminal antecedent. In fact the petitioner has one criminal antecedent as mentioned in paragraph no. 3 of the petition.

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Heard learned APP for the State.

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Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner having remained in custody for 1 year 9 months, the petitioner is directed to be enlarged on bail in connection with Phulwari Sharif P.S. Case no. 383 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 9^th , Patna.

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(Partha Sarthy, J)

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Spd/-

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U T

Md. Lal Babu @ Faizan Tabrej v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Lal Babu @ Faizan Tabrej v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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