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Patna High Court

Chandan PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied as the statutory bar under Section 37 of the NDPS Act applied.

Summary

The petitioner, Chandan Paswan, was arrested in connection with an NDNDPS case involving the alleged recovery of 50 kg of ganja and has been in custody since 28 October 2024. He applied for regular bail, arguing his innocence and noting that a co‑accused had already been granted bail and that one of four charge‑sheeted witnesses had been examined. The prosecution highlighted the large quantity of narcotics seized and invoked the bar on bail under Section 37 of the NDPS Act. The court considered the seriousness of the offence, the stage of the trial, and the statutory restriction, and consequently refused to grant bail. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail can be granted to the accused in an NDPS case involving 50 kg of ganja under the provisions of the NDPS Act, particularly Section 37.

Legislation cited

Subjects

  • NDPS Act
  • regular bail
  • Section 37
  • drug trafficking
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24842 of 2026
                   Arising Out of PS. Case No.-189 Year-2024 Thana- CHERIYA BARIYARPUR District-
                                                        Begusarai
                 ======================================================
                 Chandan Paswan S/o- Ramsogarath Paswan @ Sogarath Paswan Village-
                 Sadanandpur Ward No- 11 PS- Ballia District-Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sandip Kumar Gautam
                 For the Opposite Party/s :      Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with NDPS Case No. 61 of

                   2024 arising out of Cheriya Bariyarpur P.S. Case No. 189 of

                   2024 registered for the offence under Sections 8, 20(b), (ii), (c),

                   25 and 29 of the NDPS Act.

                                   3. As per the prosecution case, the recovery is of

                   50 kg of Ganja.

                                   4. The petitioner is in custody since 28.10.2024.

                                   5. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and the co-accused has already

                   been granted bail. He next submits that one out of four charge-
          Patna High Court CR. MISC. No.24842 of 2026(2) dt.01-05-2026
                                                      2/2




                    sheeted witnesses has already been examined.

                                    6. Considering the quantum of recovery, the fact

                    that the trial is proceeding and the bar of Section 37 of the

                    NDPS Act, this Court is not inclined to grant bail to the

                    petitioner.

                                    7. Accordingly, this application is dismissed.

                                    8. 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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