Patna High Court
Chhathu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Chhathu Sah, was arrested in Nakardei Police Station in connection with a case registered under Sections 8(c), 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of 26.7 grams of brown sugar, an intermediate quantity. He applied for bail, arguing that the amount was not large. The court noted that the petitioner had two prior similar criminal antecedents, which weighed against granting bail. Considering the nature of the offence, the intermediate quantity, and the antecedents, the court declined to grant bail. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether bail can be granted to a person accused under Sections 8(c), 21(b) and 29 of the NDPS Act for possession of an intermediate quantity of narcotic substance.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
Subjects
- bail
- NDPS Act
- intermediate quantity
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16700 of 2026
Arising out of PS. Case No.-164 Year-2025 Thana- NAKARDEI District- East Champaran
======================================================
Chhathu Sah S/o Ramekbal Sah @ Rambali Sah R/o vill - Srisiya, P.S.-
Nakardei, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhannjay Kumar Ii, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 07-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Nakardei P.S. Case No.
164 of 2025 registered for the offences punishable under
Sections 8(c) 21(b) and 29 of the NDPS Act.
3. The allegation is that 26.7 Gms brown sugar was
recovered from the possession of the petitioner.
4. The contraband recovered from the possession of
the petitioner is of intermediate quantity since the petitioner
carries two similar criminal antecedents, this court is not
inclined to grant bail to the petitioner.
5. Accordingly, the prayer for the bail of the
petitioner is rejected.
6. It is made clear that any observation made
herein is prima facie in nature and limited solely for
Patna High Court CR. MISC. No.16700 of 2026(4) dt.07-05-2026
2/2
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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