Patna High Court
Dharmendra Chaudhary @ Dharmendra ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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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