Patna High Court
Bambam Choudhary @ Bambam BahardarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
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
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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
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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
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