Created by Fuzzy Cloud

Patna High Court

Deepak Kumar ChoudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.