Patna High Court
Chandeshwar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail on furnishing a bond and sureties, subject to prescribed conditions.
Summary
Chandeshwar Singh was arrested on 30 April 2026 in connection with a case involving the seizure of 59 g of heroin, for which he was charged under Sections 8(c), 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The contraband was recovered from a co‑accused, who later disclosed that the drugs would be handed over to the petitioner, and no material was found in the petitioner’s possession. The petitioner, represented by Ms. Sweety Sinha, pleaded that he has a clean antecedent and that the accusation rests solely on the co‑accused’s statement. The State, through Mr. Anil Kumar, opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, and the nature of the allegation, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether a person accused under Sections 8(c), 21(b) and 29 of the NDPS Act is entitled to bail when the only evidence is a co‑accused’s statement.
- Whether the petitioner’s clean antecedent and absence of seized contraband in his possession justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
Subjects
- bail
- NDPS Act
- drug trafficking
- clean antecedent
- co‑accused testimony
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43431 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- GANGABRIDGE District- Vaishali
======================================================
Chandeshwar Singh S/O Late Siryug Singh Resident of Village - Saidpur
Ganesh , Police Station – Bidupur Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Sweety Sinha, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-07-2026 Heard Ms.Sweety Sinha, learned counsel for the
petitioner and Mr.Anil Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
30.04.2026 in connection with Ganga Bridge P.S.Case No.
84/2026, F.I.R. dated 26.03.2026 registered for the offence
punishable under Sections 8(c) 21(B), 29 of N.D.P.S.Act.
3. Recovery is of 59 Gm of Smack (Heroin).
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. He has falsely
been implicated in the present case on the basis of the disclosure
made by the apprehended co-accused person. It appears from
the FIR as well as the seizure list that the contraband has been
recovered from possession of co-accused person and said co-
accused person has disclosed that they are going to hand over
Patna High Court CR. MISC. No.43431 of 2026(2) dt.07-07-2026
2/3
the said contraband to the petitioner and except the aforesaid,
nothing has come during investigation against the petitioner to
suggest the involvement of the petitioner in the present
occurrence and the petitioner is in custody since 30.04.2026.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, nothing has been recovered from conscious
possession of the petitioner, petitioner has been made accused in
the present case merely on the basis of the disclosure made by
the apprehended co-accused person, let the petitioner, above
named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Principal District and
Sessions Judge, Vaishali, Hajipur in connection with Ganga
Bridge P.S.Case No. 84/2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.43431 of 2026(2) dt.07-07-2026
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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