Patna High Court
OM PRAKASH CHOUDHARYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that despite alleged procedural lapses, the petitioner’s clean antecedent and the small quantity of narcotics not in his personal possession justify granting bail.
Summary
Om Prakash Choudhary was arrested under Sections 8(c), 21(a), 21(b) and 22(b) of the NDPS Act after a seizure of 118 pieces of Spasmo Proxyvon Plus, 4 pieces of Wiscodin Syrup and 0.67 gram of brown sugar from his house. The petitioner contended that the search was conducted without an independent witness, violating search‑seizure provisions, and that the charge‑sheet was filed without the forensic laboratory report. He also highlighted his clean criminal record and that he had been in custody since 7 November 2025. The State opposed bail. The court, noting the very small quantity of narcotic, the lack of personal possession, the petitioner’s clean antecedent and that the charge‑sheet was already filed, held that the procedural lapses were not fatal and ordered bail. Accordingly, bail was granted on a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether the alleged violation of search and seizure provisions affects the grant of bail under the NDPS Act.
- Whether the absence of a forensic laboratory report in the charge‑sheet is a fatal defect for bail considerations.
- Whether the small quantity of narcotic substances recovered justifies bail.
- Whether the petitioner’s clean antecedent warrants the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(a), 21(b), 22(b), 8(c)
Subjects
- bail
- NDPS Act
- search and seizure
- procedural lapse
- small quantity
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35992 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- Bhimnagar District- Supaul
======================================================
OM PRAKASH CHOUDHARY S/o Laxman Choudhri @ Lakshman
Choudhary Resident of village- Bhimnagar ward no 11, Ps- Bhimnagar,
District- Supaul
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sujeet Kumar
For the Opposite Party/s : Mr.Shantanu Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 8(c), 21(a), 21(b) and 22(b)
of the N.D.P.S Act.
3. As per FIR, 118 pieces of Spasmo Proxyvon Plus, 4
pieces of Wiscodin Syrup and 0.67 gram of Brown Sugar has
been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that
from the House of the petitioner, a recovery of 118 pieces of
Spasmo Proxyvon Plus medicine and 4 pieces of Wiscodin
Syrup and 0.67 grams of Brown Sugar is shown to have been
recovered. However, the said recovery has not been made in
presence of any independent witness as such, the mandatory
Patna High Court CR. MISC. No.35992 of 2026(2) dt.08-06-2026
2/2
provisions of search and seizure have been violated. It is further
submitted that the charge-sheet has been submitted in this case
without the FSL report and the petitioner with no criminal
antecedent is languishing in custody since 7.11.2025.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact of recovery of small
quantity of brown sugar that too not from his personal or
conscious possession coupled with the fact that the petitioner
has clean antecedent and charge-sheet has already been
submitted, let the above named petitioner, who has no criminal
antecedent, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with N.D.P.S.
Case No. 119/2025.
(Soni Shrivastava, J)
devendra/-
U T
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