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Patna High Court

Chokat GaddiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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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