Patna High Court
Bhadru @ Badaru Paswan @ Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted regular bail to the petitioner, subject to bail bond and surety conditions.
Summary
The petitioner, Bhadru Paswan, applied for regular bail in a case registered under Sections 30(a) and 37 of the Excise Act and Sections 8(c), 21(b), 8 and 20(B)(II)A of the NDPS Act for alleged recovery of 15.20 grams of smack, 2.81 grams of ganja and 6 litres of liquor from another person, Chandra Bhushan. The petitioner claimed a clean antecedent, no direct possession of the contraband, and that the only link to the case was a confessional statement made by Chandra Bhushan in police custody, which he argued lacked evidentiary value. The State opposed bail, but the court considered the petitioner’s clean record, the non‑commercial quantity of the seized narcotics, and the lack of direct possession. The court directed that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, one of whom must be his wife, Munni Kumari. The bail application was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charges under the Excise Act and NDPS Act
- Whether the confessional statement of Chandra Bhushan, made in police custody, can be the basis for implicating the petitioner
- Whether the quantity of narcotics seized constitutes a commercial quantity warranting denial of bail
- Whether the petitioner’s clean antecedent and lack of direct possession justify bail
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
- Excise Act
- NDPS Act
- confessional statement
- clean antecedent
- possession
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16735 of 2026
Arising Out of PS. Case No.-1835 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Bhadru @ Badaru Paswan @ Akash Kumar son of Late Umesh Paswan @
Chhedi Paswan Resident of Village- Ranipur, Ps- Phulwari Sharif, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offences punishable under Sections 30(a) and 37 of the
Excise Act and Sections 8(c), 21(b), 8, 20(B)(II)A of the
NDPS Act.
3. The learned counsel for the petitioner submits
that the petitioner is a person with clean antecedent and
allegation is of recovery of 15.20 grams of smack along
with 2.81 grams of ganja and 06 litres of liquor from
possession of Chandra Bhushan.
4. The learned counsel for the petitioner submits
that petitioner was not arrested from the spot, as such,
Patna High Court CR. MISC. No.16735 of 2026(2) dt.18-04-2026
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nothing was recovered from his conscious possession and
he has no concern or relation with Chandra Bhushan and he
came to be implicated based on confessional statement of
Chandra Bhushan in police custody, which does not have
any evidentiary value. It is also submitted that petitioner is
in custody since 24.01.2026 and charge-sheet has been
submitted and even presuming what has been alleged is true
without admitting, then recovery of smack and ganja from
Chandra Bhushan is of much less than commercial quantity.
It is also submitted that if privilege of regular bail is
granted, petitioner will not abscond rather will cooperate in
the trial to prove his innocence.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the
learned counsel for the petitioner and taking into
consideration the fact that petitioner is a person with clean
antecedent, the petitioner, above-named, is directed to be
released on regular bail on his furnishing bail-bonds in the
sum of Rs.10,000/- (Rupees Ten Hundred) with two sureties
of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/successor Court in
Patna High Court CR. MISC. No.16735 of 2026(2) dt.18-04-2026
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connection with Phulwari P. S. Case No.1835 of 2025,
Special Case No.1832 of 2025, subject to conditions that
one of the bailors of the petitioner shall be his wife namely,
Munni Kumari.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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