Patna High Court
Gaurav BidhuriversusThe Union of India through the Customs Department
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted due to the large quantity of narcotics seized.
Summary
The petitioner, Gaurav Bidhuri, was arrested in connection with the seizure of 5.188 kg of contraband narcotic substance under the NDPS Act. He applied for regular bail before the Patna High Court, having been in custody since 27 January 2026. The prosecution alleged violations of Sections 20(b)(ii)(b), 22(b), 25 and 29 of the NDPS Act. The Court examined the quantum of the seizure and, considering its magnitude, was not inclined to grant bail. Consequently, the bail application was dismissed, with the Court clarifying that its observations were limited to this bail application and did not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused in a case involving the seizure of 5.188 kg of narcotic substance under the NDPS Act?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 22(b), 25, 29
Subjects
- regular bail
- NDPS Act
- narcotic seizure
- customs
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24141 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- CUSTOM (GOVERNMENT OFFICIAL)
District- Gaya
======================================================
Gaurav Bidhuri S/o- Dara Chand Bidhuri Resident of House No 674 Sector 1,
Vasundhra gulaothi PS- Indrapuram, Dist- Ghaziabad, U.P
... ... Petitioner/s
Versus
The Union of India through the Customs Department Delhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Dr Krishna Nandan Singh (Asg)
Mr. Amit Pandey. Sr. SC, CGST,Customs
Mr. Ankit Kr. Singh, Jr. SC, CGST, Customs
Mr. Rakesh Kumar
Ms. Asmita Sinha.
For the State : Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard the parties.
2. The petitioner seeks regular bail in connection
with Airport Customs Gaya Case No. 03 of 2026 registered for
the offence under Sections 20(b)(ii)(b), 22(b), 25 and 29 of the
the NDPS Act.
3. As per the prosecution case, the recovery is of
5.188 kg of contraband Narcotic substance.
4. The petitioner is in custody since 27.01.2026.
5. Considering the quantum of recovery, this Court
is not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
Patna High Court CR. MISC. No.24141 of 2026(2) dt.20-04-2026
2/2
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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