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Patna High Court

Dharmendra Chaudhary @ Dharmendra ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, holding that the circumstances justified release despite the intermediate quantity of narcotics.

Summary

The petitioner, Dharmendra Chaudhary, was arrested in connection with the recovery of 1.45 kg of ganja from his house and charged under Sections 8A(c) and 20(B)IIB of the NDPS Act. He claimed innocence, alleging that the seizure violated mandatory NDPS provisions, that the plants were brought for religious worship, and that a land dispute led to false implication. The State opposed bail, but the court considered the intermediate quantity of the contraband, the petitioner’s clean antecedents, and his period of custody since 15 February 2026. Weighing these factors, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order required the petitioner’s presence at all court dates and stipulated cancellation of bail upon three consecutive absences or violation of conditions.

Issues considered

  • What is the applicability of bail provisions under the NDPS Act for an accused charged with possession of an intermediate quantity of ganja?
  • Whether the mandatory search and seizure procedures under the NDPS Act were complied with in this case.
  • Whether the quantity seized warrants denial of bail under Sections 8A(c) and 20(B)IIB of the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • search and seizure
  • intermediate quantity
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25619 of 2026
                     Arising Out of PS. Case No.-21 Year-2026 Thana- BHAGWANGANJ District- Patna
                 ======================================================
                 Dharmendra Chaudhary @ Dharmendra Choudhary S/O Bundela Chaudhary
                 @ Bundel Chaudhary R/O Vill.- Kharauna, P.S- Bhagwanganj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manoj Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr.Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Bhagwanganj P.S. Case No. 21 of 2026,

                   registered for the offences under Sections 8A(c)/ 20(B)IIB of

                   the NDPS Act.

                                3. As per the prosecution case, recovery of 1.450 kg

                   ganja was made from the roof of the house of the petitioner.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is innocent and he has been

                   falsely implicated in this case. Nothing incriminating has been

                   recovered from his person or possession. The mandatory

                   provisions of the NDPS Act regarding search and seizure has

                   not been followed. The house of the petitioner is a joint family
Patna High Court CR. MISC. No.25619 of 2026(2) dt.17-04-2026
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          house and the seizure has not been made from inside the house

          of the petitioner. Learned counsel further submits that on the

          occasion of Shivratri, some ganja plants were brought for

          worship and the neighbour of the petitioner with whom he has

          land enmity got the petitioner falsely implicated in the present

          case. Learned counsel further submits that moreover the

          quantity of ganja is much less than the commercial quantity

          though it is more than the small quantity. The petitioner is

          having clean antecedent and he is in custody since 15.02.2026.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          intermediate quantity of seized contraband and also considering

          his period of custody, the petitioner is directed to be released on

          bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) each with two sureties of the like amount each

          to   the    satisfaction      of    learned      Special   Judge   (NDPS)

          Patna/concerned court, in connection with Bhagwanganj P.S.

          Case No. 21 of 2026, subject to the condition laid down under

          Section 480(3) of the BNSS and other following conditions:

                                  (i) One of the bailors will be a close
             Patna High Court CR. MISC. No.25619 of 2026(2) dt.17-04-2026
                                                         3/3




                                               relative of the petitioner.

                                               (ii) The petitioner will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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