Patna High Court
Chandan Das @ Kundan DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties, attendance requirements, and antecedent verification.
Summary
The petitioner, Chandan Das, was arrested in connection with a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act for the alleged recovery of 1.88 grams of a brown sugar‑like substance. He has been in custody since 22 April 2026 and claims innocence, stating that nothing was recovered from his possession. The State opposed his bail application. The Court considered the small quantum of the alleged narcotic and the petitioner’s claim of a clean antecedent, and ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties. The bail was conditioned on the petitioner’s attendance at the police station on the first and third Sundays of each month and on verification of his antecedent, with cancellation of bail for any default.
Issues considered
- Whether bail should be granted in an NDPS case involving a small quantity of narcotic substance
- Whether the petitioner’s claim of innocence and lack of possession justify bail
- What conditions, if any, should be imposed on bail in such circumstances
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- criminal procedure
- surety
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43850 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- Madhusudanpur District- Bhagalpur
======================================================
Chandan Das @ Kundan Das S/o Ravindra Das R/o Village - Nurpur Harijan
Tola, P.S.- Madhusudanpur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Upadhyaya
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Madhusudanpur P.S. Case No. 91 of 2026 registered for the
offence under Sections 8(c), 21(b) of the NDPS Act.
3. The recovery is of 1.88 grams of Brown sugar like
substance.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 22.04.2026. He
further submits that nothing has been recovered from the
possession of the petitioner.
5. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
6. Considering the quantum of recovery, let the
Patna High Court CR. MISC. No.43850 of 2026(2) dt.07-07-2026
2/2
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Madhusudanpur P.S. Case No.
91 of 2026.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Madhusudanpur Police Station on first and third Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
8. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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