Patna High Court
Chandra Shekhar Maurya @ Chandar Shekhar MouryaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
The petitioner sought bail in an NDNDPS case where police claimed to have recovered 15.212 kg of ganja from his bag under Sections 8 and 20(b)(ii)(c) of the NDPS Act. The petitioner contended that he was falsely implicated, that no contraband was actually recovered from his possession, and that the seizure did not comply with Section 105 of the Bihar Narcotic Substances Act. He also highlighted his clean criminal record and his continued judicial custody since 25‑06‑2025. The State opposed the bail application. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the Sessions Judge‑c‑Special Judge, Gaya.
Issues considered
- Whether bail should be granted in an NDPS case involving a quantity exceeding the 'small' threshold but less than commercial quantity.
- Whether the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances Act vitiates the seizure and warrants bail.
- Whether the petitioner poses a flight risk or a danger of tampering with evidence.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- bail
- NDPS Act
- drug seizure
- procedural compliance
- quantity threshold
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14372 of 2026
Arising Out of PS. Case No.-670 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Chandra Shekhar Maurya @ Chandar Shekhar Mourya, S/O Nandlal Mourya
@ Nand Lal Maurya @ Nan Lal Moaurya, R/O Village- Sultanpur, P.S- Ram
Nagar, Distt.- Varanasi @ Baranasi, Uttar Padesh.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Excise P.S. Case No. 670 of 2025 registered for the offence
punishable under Sections 8 and 20(b)(ii)(c) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the bag of this petitioner, altogether 15.212 Kg. of ganja was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. The
witnesses of the seizure list are police personnel. Police has not
Patna High Court CR. MISC. No.14372 of 2026(2) dt.16-03-2026
2/2
complied Section 105 of the B.N.S.S. while making the seizure.
It has further been submitted that the alleged recovery of
contraband is though more than small quantity but is much less
than commercial quantity. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
25.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge-cum-Special Judge, NDPS Act, Gaya Ji in
connection with Excise P.S. Case No. 670 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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