Patna High Court
Ajay Kumar ChouhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the nature of the offence and the large quantity of contraband recovered from the petitioner’s vehicle warranted custody.
Summary
The petitioner, Ajay Kumar Chouhan, sought anticipatory bail after a vehicle registered in his name was seized containing 140 kg of cannabis, alleged to be linked to an offence under Section 20(b)(ii)(c) of the NDPS Act. He argued that he was falsely implicated because the contraband was not found in his personal possession and he has a clean antecedent. The State opposed the bail, emphasizing the large quantity of narcotics recovered from the vehicle owned by the petitioner. The Court considered the seriousness of the offence and the fact that the seized vehicle belonged to the petitioner. Concluding that the nature of the accusation warranted custody, the Court rejected the petition for anticipatory bail. Consequently, the petitioner remains liable to arrest under the NDPS provisions.
Issues considered
- What is the appropriate decision on the petition for anticipatory bail under Section 438 of the CrPC in a case involving alleged possession of a large quantity of narcotics under Section 20(b)(ii)(c) of the NDPS Act?
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c)
Subjects
- anticipatory bail
- NDPS Act
- drug seizure
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12277 of 2026
Arising Out of PS. Case No.-106 Year-2024 Thana- JOGBANI District- Araria
======================================================
Ajay Kumar Chouhan S/o Govind Chouhan Resident of - Chouhan Tola,
Khushkibagh, P.O - Khuahkibagh, P.S - Sadar, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Akhauri Kamal Kishore Sahay, Advocate
For the State : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 20(b)(ii)(c)
of the N.D.P.S. Act.
3. As per prosecution case, 140 Kgs of Ganja was
recovered from the seized car of which this petitioner is
registered owner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner has falsely been
implicated in this case merely because he happens to be owner
of the vehicle in question. Nothing has been recovered from the
conscious possession of this petitioner. Petitioner claims clean
Patna High Court CR. MISC. No.12277 of 2026(2) dt.24-02-2026
2/2
antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that huge quantity of contraband
was recovered from the seized vehicle of which this petitioner is
registered owner.
6. Considering the nature of accusation and the fact
that huge quantity of contraband was recovered from the seized
vehicle of which this petitioner is registered owner, the prayer
for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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