Patna High Court
Dinesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted as the seized narcotic was below commercial quantity and the accused had no prior record.
Summary
The petitioner, Dinesh Chaudhary, was arrested in connection with a case under Sections 8, 20(B)(ii)c and 29 of the NDPS Act for alleged possession of 3.100 kg of ganja recovered from an e‑rickshaw. He claimed he was falsely implicated, had no criminal antecedents, and that the contraband was below commercial quantity, with no material recovered from his personal possession. The prosecution opposed bail, but the court noted the low quantity, lack of prior record, and non‑compliance with Sections 42 and 50 of the NDPS Act. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties. The petitioner was ordered to be released pending trial.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act given the facts of the case.
- Whether Section 37 of the NDPS Act applies when the seized narcotic quantity is below commercial quantity.
- Whether compliance with Sections 42 and 50 of the NDPS Act is a prerequisite for granting bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(ii)c, 29, 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- contraband
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11128 of 2026
Arising Out of PS. Case No.-625 Year-2025 Thana- RAMNAGAR District- West Champaran
======================================================
Dinesh Chaudhary S/O Late Rudal Chaudhary R/O Sigari Thuthi, P.S- Ram
Nagar, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Ram
Nagar P.S. Case No. 625 of 2025 instituted for the offences
under Sections 8, 20(B)(ii)c, 29 of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 3.100
kilogram of ganja has been recovered in this case.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 14.10.2025 and has no criminal antecedent. There
is no allegation of tampering of witnesses alleged against the
petitioner. No incriminating material has been recovered from
the conscious possession of the petitioner. Petitioner has no
Patna High Court CR. MISC. No.11128 of 2026(2) dt.23-02-2026
2/2
concern with the alleged recovery. Learned counsel further
contended that the recovery has been made from e-rickshaw and
the petitioner is neither owner nor driver of the said vehicle. The
recovered contraband is below commercial quantity, and hence,
Section 37 of the N.D.P.S. Act is not applicable in the present
case. There is no compliance of Sections 42 and 50 of the
N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovered contraband being less than the
commercial quantity as also the period of custody undergone by
the petitioner, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ram Nagar P.S.
Case No. 625 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…