Patna High Court
Md. Chhotu @ Md. ChotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioners subject to monetary and procedural conditions.
Summary
The petitioners, Md. Chhotu and his wife Nasrin, were arrested in Kishanganj for alleged possession of small quantities of a narcotic substance, amounting to 2.240 g and 4.390 g, and charged under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. They contended that the substances were not recovered from their possession, that the quantity was negligible, and that they had no prior criminal record. The State opposed their bail application. After hearing both sides, the Court considered the modest quantity, the absence of a prior record, and the filing of a charge‑sheet, and ordered that bail be granted on a bond of Rs 10,000 each with two sureties and specific conditions regarding cooperation, bailor relationship, and non‑tampering with evidence. The bail order also empowered the trial court to cancel bail if the petitioners miss two consecutive hearings without cause or engage in misconduct. The decision reflects the Court’s discretion to grant bail in NDPS cases where the facts suggest a low risk of flight or interference with the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 8(c) and 21(b) of the NDPS Act given the small quantity of narcotic involved and the petitioners' lack of prior criminal record.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- narcotic drugs
- criminal procedure
- presumption of innocence
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4501 of 2026
Arising Out of PS. Case No.-681 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
1. Md. Chhotu @ Md. Chotu, Son of Md. Ishak, Resident of village - Juljuli
Khagra Ward No.- 32, P.S.- Kishanganj, District - Kishanganj.
2. Nasrin Perween @ Nasrin Wife of Md. Chhotu, Resident of village - Juljuli
Khagra, Ward No.- 32, P.S.- Kishanganj, District - Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in connection with
Kishanganj P.S. Case No. 681 of 2025 dated 13.12.2025, instituted
for the offence punishable under Sections Section 8(c) and 21(b)
of Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The allegation is of recovery of 2.240 gram & 4.390
gram smack like substances from the possession of petitioner no. 1
& 2 respectively.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
this case. Learned counsel for the petitioners submits that nothing
has been recovered from the possession of the petitioners. From
Patna High Court CR. MISC. No.4501 of 2026(2) dt.28-01-2026
2/3
the seizure list, it would appear that the alleged recovery is
less than small quantity. Lastly, it has been submitted that the
petitioners are in custody since 14.12.2025 having no
criminal antecedents. Charge-sheet has been submitted in the
case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioners.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned Sessions Judge-cum- Special
Judge, (NDPS Act), Kishanganj in Kishanganj P.S. Case No. 681
of 2025, as well as the following conditions:-
1. Petitioners shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on their absence on two
consecutive dates without sufficient reason, their
bail bond shall be cancelled by the Court below.
2. One of the bailors will be their own blood
relation, preferably father, mother, brother, sister
and or their wives.
Patna High Court CR. MISC. No.4501 of 2026(2) dt.28-01-2026
3/3
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioners
are made accused in any other case of similar
nature after their release in the present case and
thereafter the court below will be at liberty to
initiate the proceeding for cancellation of bail on
ground of misuse.
4. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
(Khatim Reza, J)
premchand/-
U T
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