Created by Fuzzy Cloud

Patna High Court

Bambam Choudhary @ Bambam BahardarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to monetary, surety and attendance conditions.

Summary

The petitioner, Bambam Choudhary, was arrested in connection with a seizure of 10.25 gms of “smack” from his house under sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He claimed innocence, asserted that he has no prior criminal record and had been in custody since 23 February 2026. He offered to donate Rs 25,000 to a charitable organization without pleading guilty. The State opposed bail. The High Court, after considering the facts and the petitioner's clean antecedent, allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties, verify his clean record, deposit Rs 25,000 with Ramakrishna Math, and appear every Sunday at the police station, failing which bail may be cancelled.

Issues considered

  • Whether regular bail can be granted in an NDPS case under sections 8(c) and 21(b) when the accused claims innocence and has no prior record.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • section 8(c)
  • section 21(b)
  • regular bail
  • charitable donation
  • surety
  • attendance condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25991 of 2026
                       Arising Out of PS. Case No.-57 Year-2026 Thana- RANIGANJ District- Araria
                 ======================================================
                 Bambam Choudhary @ Bambam Bahardar son of Shiv Narayan Chaudhary
                 @ Shiv Narayan Bahardar Resident of Village- Raniganj, ward No 13, PS-
                 Raniganj, 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 :       Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   20-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Raniganj P.S. Case No. 57 of 2026 registered for the offence

                   under section 8(c)/ 21(b) of the N.D.P.S. Act.

                                3. The recovery is of 10.25 gms of smack from a

                   house.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 23.02.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.25991 of 2026(2) dt.20-04-2026
                                            2/3




          organization without accepting his guilt

                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

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

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

          satisfaction of learned Sessions Judge-cum-Special Judge,

          NDPS Act, Araria/ concerned Court below, in connection with

          Raniganj P.S. Case No. 57 of 2026.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                       10. This is also subject to the condition that the

          petitioner     shall    deposit      an    amount    of   Rs.25,000/-   in

          Ramakrishna Math, Bhatta Bazar, Purnea and produce the

          receipt of the same before the Court below. The bail bonds of

          the petitioner shall be accepted after verifying the genuineness
              Patna High Court CR. MISC. No.25991 of 2026(2) dt.20-04-2026
                                                          3/3




                        of the receipt produced by the petitioner.

                                     11. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Raniganj Police Station, District- Araria on every Sunday of the

                        month. Any default in appearance at the Police Station will

                        result in cancellation of bail bonds of the petitioner.



                                                   (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…

Lawyer court records for this case

Associated through the court’s case reference.

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