Patna High Court
Chandrabhusan Kumar @ Sahul Don @ chandra Bhusan KumrversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied regular bail, holding that the alleged possession of narcotics, irrespective of quantity, does not merit release at this stage.
Summary
The petitioner, Chandrabhusan Kumar, was arrested on 14 November 2025 in Phulwarisharif, Patna, for alleged possession of 15.20 grams of smack, 2.81 grams of ganja, and six bottles of liquor, offenses under the NDNDPS Act and the Excise Act. He applied for regular bail, claiming a clean antecedent and arguing that the quantities seized did not constitute a commercial amount. The State opposed the bail application. The court examined the nature of the drugs seized and the statutory provisions, concluding that the presence of narcotics, irrespective of quantity, warranted denial of bail at this stage. Consequently, the bail petition was rejected, though the petitioner was permitted to reapply after charge framing.
Issues considered
- Whether the petitioner is entitled to regular bail for alleged possession of narcotics and liquor under the NDPS Act and Excise Act
- Whether the quantity of narcotics seized constitutes a commercial quantity affecting bail eligibility
Legislation cited
- Excise Act — s. 30(a), 37
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(a), 21(b), 8, 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- excise law
- commercial quantity
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16383 of 2026
Arising Out of PS. Case No.-1835 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Chandrabhusan Kumar @ Sahul Don @ chandra Bhusan Kumr son of Manoj
Prasad Thakur Resident of Village- Jai Hind Colony, Ward no. 18, Ps-
Phulwari Sharif, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saket Anand
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Phulwarisharif P. S.
Case No.1835 of 2025 registered for the offences punishable
under Section 8(c), 21(b), 8, 20(b)(ii)(a) of the NDPS Act and
Sections 30(a) and 37 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is in custody
since 14.11.2025. It is next submitted that in sum and substance
the allegation against the petitioner is that 15.20 grams of smack
along with 2.81 grams of ganja and 06 bottles of liquor was
recovered from his possession.
4. It is further submitted that even presuming what
Patna High Court CR. MISC. No.16383 of 2026(2) dt.17-04-2026
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has been alleged is true without admitting, then the allegation of
recovery of smack and ganja is not of commercial quantity. It is
reiterated and submitted that petitioner is a person with clean
antecedent.
5. Learned A.P.P. opposes the regular bail application.
6. Since allegation is of recovery of smack and ganja,
as such, the Court, for the present, is not inclined to release the
petitioner on bail.
7. The prayer of the petitioner for regular bail stands
rejected.
8. However, the petitioner would be at liberty to
renew his prayer for bail after framing of charge.
(Satyavrat Verma, J)
vikash/-
U T
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