Patna High Court
Niraj Kumar Choudhary @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner, subject to a bail bond and sureties.
Summary
The petitioner, Niraj Kumar Choudhary, applied for regular bail in a case registered under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging possession of 23.1 grams of smack. The prosecution intercepted an Alto car and recovered the narcotics from the petitioner and another accused. The petitioner claimed innocence, argued that the seized quantity was below the commercial threshold, and contended that the procedural safeguards of Section 50 NDPS were not observed. The State opposed the bail on the ground of the seriousness of the offence and the petitioner’s prior criminal antecedent. The Court, after considering the facts, the period of custody, and the amount involved, ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, thereby allowing the application.
Issues considered
- Whether regular bail can be granted to the accused under the NDPS Act for possession of a quantity below commercial threshold
- Whether the procedural requirements of Section 50 of the NDPS Act were complied with
- Impact of the petitioner’s prior criminal antecedent on the grant of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotics possession
- commercial quantity
- Section 50 procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19082 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- Champanagar District- Purnia
======================================================
Niraj Kumar Choudhary @ Niraj Kumar Son of Vijay Choudhary R/o Village
- Kala Balua Shivnagar, Ward no. 9,P.S. - Raniganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrigendra Kumar
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Champanagar P.S. Case
No. 10 of 2026 registered for the offences punishable under
Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic
Substances Act.
3. As per the allegation, an Alto car was intercepted
and four persons were apprehended including the petitioner and
from the possession of Niraj Kumar Chaudhary (petitioner) 23.1
grams smack/brown sugar was recovered and from the
possession of Kanhaiya Kumar 6.33 grams of smack/brown
sugar was recovered.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.19082 of 2026(2) dt.25-03-2026
2/2
petitioner is innocent and has falsely been implicated in this
case. It has been further submitted that the contraband which is
recovered from the possession of the petitioner is less than the
commercial quantity. Moreover, no procedure, as prescribed
under Section 50 of N.D.P.S, has been followed. It is further
submitted that the petitioner has one criminal antecedent in
which he is on bail and is in custody since 18.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as period of custody, the petitioner above-named, is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Purnea, in connection with Champanagar P.S. Case No. 10 of
2026.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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