Patna High Court
Chokat Miya @ ChaukatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail may be granted in the present NDPS case despite the lack of material seized from the petitioner, subject to the stipulated bond and sureties.
Summary
Chokat Miya was arrested in connection with a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 1.844 kg of charas. The police recovered the narcotic from a third person who, during interrogation, claimed the contraband was to be delivered to the petitioner. No narcotic or related material was seized from the petitioner’s possession, and the only link to him was the co-accused’s confessional statement. The petitioner, who has been in custody since 2 October 2025 and has one prior criminal case, applied for bail, asserting his innocence and false implication. The State opposed bail, citing the seriousness of the NDPS offences. After considering the facts, the court granted bail on the condition of a Rs.10,000 bond with two sureties, directing compliance with the Sessions Judge, Special Judge, East Champaran.
Issues considered
- Whether bail can be granted in an NDPS case when the only evidence against the accused is a co-accused’s confessional statement and no material is recovered from the accused’s possession.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 23(c), 29, 8
Subjects
- bail
- NDPS Act
- narcotics
- confessional statement
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14729 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- HARPUR District- East Champaran
======================================================
Chokat Miya @ Chaukat, S/o Sanaullah Miya @ Sainullah Miyan @
Sainullah Miya, R/o Village - Sirisiya Mal, P.S. - Nakardei, Dist. - East
Champaran, Bihar, 845305.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohd Rustam Hussain, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with Harpur
P.S. Case No. 117 of 2025 dated 01.10.2025 registered for the
offence punishable under Sections 8, 20(b)(ii)(c), 23(c) and 29 of
the N.D.P.S. Act.
3. As per the prosecution case, the police personnel
intercepted one person in SSB Nayakatola. On search one packet
containing contraband substance was recovered from his
possession. On weight, the said Charas like substance was found
to be 1.844 kgms which was recovered from his possession. On
being asked, the apprehended persons disclosed the name of the
petitioner and revealed that the said items was to be delivered to
the petitioner. Only on that basis the petitioner has been made
accused in this case.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.14729 of 2026(2) dt.12-03-2026
2/2
petitioner is innocent and has been falsely implicated in this case.
It is submitted that on mere confessional statement of apprehended
person, the petitioner has been made accused in this case. Nothing
has been recovered from the possession of the petitioner. The
petitioner is in custody since 02.10.2025, having one criminal case
against him and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for
bail of the petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned Sessions Judge, Special Judge,
East Champaran at Motihari in connection with Harpur P.S. Case
No. 117 of 2025.
(Khatim Reza, J)
prabhat/-
U T
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