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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the magnitude of the narcotic seizure precludes granting regular bail.

Summary

The petitioner, Chandan Kumar, was arrested after 32.250 kg of ganja was recovered from a bus beneath his seat. He applied for regular bail, claiming false implication, no prior criminal record, and willingness to cooperate with the trial. The prosecution opposed bail, emphasizing the large quantity of narcotics involved. The court considered the seriousness of the offence under the NDPS Act and the substantial seizure. Concluding that the circumstances did not merit bail, the court dismissed the bail application.

Issues considered

  • Whether bail should be granted to an accused in an NDPS case involving a large quantity of narcotics
  • Whether the petitioner’s claim of false implication and lack of antecedents warrants bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics seizure
  • criminal procedure
  • large quantity offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21871 of 2026
                   Arising Out of PS. Case No.-62 Year-2026 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Chandan Kumar Son of Manoj Sah R/o Village - Rupi, P.S. - Barhari in the
                 district of Rohtas.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Kumar, Advocate
                                                 Mr.Ranjeet Kumar, Advocate
                 For the Opposite Party/s :      Mr.Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail in connection with

                   Sasaram (Town) P.S. Case No. 62/2026 registered for the

                   offences punishable under Sections 8(c), 20(b)(ii)(c), 27(A) of

                   N.D.P.S. Act.

                                 3. As per the prosecution case, 32.250 kg of ganja was

                   recovered from a bus, below the seat of the petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has no criminal antecedent and

                   he is in custody since 27.01.2026. The petitioner undertakes to

                   co-operate in the case/ trial.
              Patna High Court CR. MISC. No.21871 of 2026(2) dt.07-04-2026
                                                          2/2




                                      5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                      6. Considering the huge recovery of ganja from the

                        petitioner, this Court is not inclined to grant bail to the

                        petitioner.

                                      7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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