Patna High Court
Chandan Kumar Das @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
Holding
The court held that pre‑arrest bail cannot be granted in the present case due to the seriousness of the offence, the quantity of narcotics seized, and the petitioners' prior criminal record.
Summary
The petitioners, Chandan Kumar Das and Suraj Kumar Das, were implicated in a narcotics case under sections 8(c) and 21(b) of the NDPS Act after a police raid recovered 20.70 grams of smack and the accused fled the scene. They sought pre‑arrest bail, claiming apprehension of arrest, but the court noted the seriousness of the offence, the quantity seized, and the petitioners' prior criminal record. The court examined the statutory provisions governing bail under the NDPS Act, which impose a stringent test for granting bail in cases involving narcotic substances. Considering the nature of the accusation, the amount of narcotic recovered, and the petitioners' antecedents, the court found no sufficient ground to relax the bail conditions. Consequently, the petition for pre‑arrest bail was rejected, and the petitioners remain liable to be arrested.
Issues considered
- What is the applicability of pre‑arrest bail provisions under sections 8(c) and 21(b) of the NDPS Act to the petitioners?
- Whether the quantity of narcotics seized, the nature of the offence, and the petitioners' criminal antecedent justify denial of bail?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- NDPS Act
- pre‑arrest bail
- narcotics seizure
- criminal antecedent
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39593 of 2026
Arising Out of PS. Case No.-172 Year-2026 Thana- FORBESGANJ District- Araria
======================================================
1. Chandan Kumar Das @ Chandan Kumar Son of Panchlal Das R/o
Bhagkohaliya, Ward no.-03, P.S.- Forbesganj, Distt.- Araria.
2. Suraj Kumar Das Son of Panchlal Das R/o Bhagkohaliya, Ward no.-03, P.S.-
Forbesganj, Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend arrest in a case registered for
the offence punishable under section 8(c) and 21 (b) of Narcotic
Drugs and Psychotropic Substances Act.
3 . As per F.I.R., on a secret information, that these
petitioners who are the residents of Village – Bhagkohaliya,
Ward No. 3 were involved in trading of smack. Upon such
information, a raid was conducted in which total 20.70 grams of
smack was recovered from polythene bags and after seeing
police these petitioners fled away from the spot. Petitioners have
got one criminal antecedent.
Patna High Court CR. MISC. No.39593 of 2026(2) dt.23-06-2026
2/2
4. Considering the aforesaid recovery, nature of accusation ,
criminal antecedent of these petitioners and gravity of offence ,
prayer for pre-arrest bail of the petitioners is rejected.
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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