Patna High Court
Shambhu Chaudhary @ Shambhu SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners, directing their release on bond subject to conditions under Section 480(3) of the Bihar NDPS Act.
Summary
The petitioners, three individuals arrested in a police raid on an electric auto, were charged under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act for possession of 3.748 grams of ganja. They claimed innocence, alleging that mandatory search, seizure, and sealing procedures under the Bihar NDPS Act were not followed and that the quantity seized was far below the statutory 'small quantity' threshold of 1 kg. The State opposed bail, emphasizing that the accused were found in the vehicle from which the narcotics were recovered. The court considered the modest quantity seized, the petitioners' clean antecedents, and the length of their custody, and concluded that bail was appropriate. Accordingly, the court ordered their release on bail with a bond of Rs.10,000 and specific conditions under Section 480(3) of the Bihar NDPS Act.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act given the small quantity of narcotics seized
- Whether the mandatory procedures of search, seizure, and sealing under the Bihar NDPS Act were complied with
- Whether the petitioners' clean antecedents and the period of custody warrant bail
Legislation cited
- Bihar Narcotic Drugs and Psychotropic Substances Act — s. 103, 480(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS
- narcotics
- search and seizure
- small quantity
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30334 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- NAUTAN District- West Champaran
======================================================
1. Sandeep Patel Son of Sri Ajay Patel Resident of village - Sinvatiya Badai
Ward no.-3 , Ps- Ramnagar, Dist- West Champaran
2. Santosh Patel Son of Sri Baliram Patel @ Balram Raut Resident of village -
Narayanapur yadav Tola, ps- Ramnagar, Dist- West Champaran
3. Subodh yadav son of Mainejar yadav Resident of village -Ramnagar Mudiya
Tola, Ps- Ramnagar, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 30455 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- NAUTAN District- West Champaran
======================================================
Shambhu Chaudhary @ Shambhu Sahani S/O Late Sukhdeo Chaudhary
Resident Of Village - Nayatola, Jharokhad (Rajokhad),Ward No.- 09, P.S-
Gopalganj, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 30334 of 2026)
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
Mr. Umesh Chandra Verma, Advocate
Mr. Harsha Shaswat, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
(In CRIMINAL MISCELLANEOUS No. 30455 of 2026)
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Since both the applications arise out of Nautan P.S.
Case No. 48 of 2026, as such, they have been taken up jointly
and are being disposed of by this common order.
2. Heard learned counsel for the petitioners and
learned APP for the State.
Patna High Court CR. MISC. No.30334 of 2026(2) dt.11-05-2026
2/3
3. In the present case, the petitioners seek bail in
connection with Nautan P.S. Case No. 48 of 2026 registered for
the alleged offences under Sections 8/20(b) (ii) (B) of the
Narcotic Drug and Psychotropic Substances Act.
4. As per prosecution case, police received information
about three persons in an electric Auto bringing psychotropic
substances for sell. The raiding party intercepted the said electric
Auto and three persons sitting in the said electric Auto and one
standing outside started running on seeing the police party and
they were apprehended. On search of the electric Auto, recovery
of 3.748 grams of Ganja was made.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. The mandatory provisions regarding search, seizure and
sealing have not been followed and even the provisions of
Section 103 of BNSS has been flouted. The quantity of Ganja
recovered is 3.748 grams which is much less than the small
quantity of 1 kg. The petitioners are not previous convicts and
and they are having clean antecedent. The petitioners are in
custody since 23.01.2026.
6. Learned APP for the State opposes the submission
made on behalf of the petitioners. Learned APP submits that
three petitioners were found sitting in the Auto from which
Patna High Court CR. MISC. No.30334 of 2026(2) dt.11-05-2026
3/3
recovery of 3.748 grams of Ganja was recovered.
7. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
quantity of contraband recovered and also considering the period
of custody of the petitioners and their clean antecedents, the
petitioners above named are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of learned
Special Judge, NDPS Act, West Champaran, Bettiah/court
concerned in connection with Nautan P.S. Case No. 48 of 2026,
subject to the conditions mentioned in Section 480(3) of BNSS
and the following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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