Patna High Court
Chokat GaddiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond of Rs 10,000 and two sureties.
Summary
Chokat Gaddi was arrested in connection with the alleged recovery of 7.180 kg of ganja‑like substance under sections 8, 20(b)(ii)(a) and 22(c) of the NDPS Act. He applied for regular bail, asserting that he was innocent, that the seizure was not effected in compliance with Section 105 of the Bihar Narcotic Substances Act, and that the quantity seized was between a small and a commercial quantity. The State opposed the bail application. The court examined the nature of the offence, the procedural aspects of the seizure, the quantity involved, and the petitioner’s three prior criminal cases, and decided to grant bail. Accordingly, the petitioner was released on a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Sessions Judge.
Issues considered
- Whether regular bail can be granted in an NDPS case involving alleged possession of 7.180 kg of ganja‑like substance
- Whether the seizure complied with the mandatory provisions of Section 105 of the Bihar Narcotic Substances Act
- Whether the quantity seized qualifies as a ‘small quantity’ or a ‘commercial quantity’ for the purpose of bail
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(a), 22(c), 8
Subjects
- bail
- NDPS Act
- seizure
- Section 105
- quantity
- criminal antecedent
- regular bail
- small quantity
- commercial quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28026 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- PALANWA District- East Champaran
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Chokat Gaddi S/o Late Jahoor Gaddi Resident of village - Babuliya, Babuiya,
P.S - Palanwa, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8, 20 (b)
(ii) (a) and 22 (c) of the NDPS Act.
3. The case of the prosecution is that, in short, is that
altogether 7.180 K.G. of ganja like substance was alalegedly
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
the petitioner. It is further submitted that all the witnesses to the
seizure list are police personnel and the police had not complied
Patna High Court CR. MISC. No.28026 of 2026(2) dt.04-05-2026
2/2
the mandatory provision of section 105 of the BNSS while
making the seizure. It is further submitted that the alleged
recovery is more than small quantity but much less than
commercial quantity. Moreover, the petitioner is languishing in
judicial custody since 04.02.2026 having criminal antecedent of
three cases of different nature.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Palanwa P.S. Case No. 35 of 2026 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Sessions Judge/Special Judge, East Champaran, Motihari.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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