Patna High Court
Deepak Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail, holding that the magnitude of the seizure warranted denial of regular bail.
Summary
The petitioner, Deepak Kumar Choudhary, was arrested in connection with a case registered under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after 2.5 kg of ganja was recovered from his house. He applied for regular bail, claiming false implication, lack of incriminating articles in his possession, and no prior criminal antecedents. The prosecution opposed bail, emphasizing the large quantity of narcotics recovered. The Court considered the seriousness of the offence and the substantial seizure, and consequently was not inclined to grant bail. The bail application was dismissed, leaving the petitioner in custody.
Issues considered
- Whether bail should be granted to the accused under Sections 8 and 20(b)(ii)(B) of the NDPS Act in view of the large quantity of narcotics recovered.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug seizure
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25979 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- R S P.S. District- Araria
======================================================
Deepak Kumar Choudhary S/o- Sri Arjun Choudhary @ Arjun Chaudhary
Resident of Village- Navtoliya ward No- 08 Rahikpur PS- RS, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with R.S.
P.S. Case No. 36/2026 registered for the offences punishable
under Sections 08/20(b)(ii)(B) of N.D.P.S. Act.
3. As per the prosecution case, 2.5 kg of ganja was
recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has no criminal
antecedents in which he is on bail and he is in custody since
18.02.2026. The petitioner undertakes to co-operate in the case/
trial.
Patna High Court CR. MISC. No.25979 of 2026(2) dt.20-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the huge recovery, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed for
the present.
(Sandeep Kumar, J)
tusharika/-
U T
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