Patna High Court
Bhagat ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Bhagat Choudhary, a Nepalese resident, was arrested for alleged possession of 15 grams of brown sugar, a contravention of sections 8(c) and 21(b) of the NDPS Act. He applied for regular bail, contending that the seizure was not conducted in accordance with Section 50 of the NDPS Act or Section 105 of the B.N.S.S, that there were no independent witnesses to the seizure, and that the quantity, while above the small‑quantity threshold, was far below commercial quantity. He also highlighted his clean criminal record and the fact that he had been in judicial custody since 7 September 2025. The State opposed bail. After hearing both sides, the Patna High Court found the procedural lapses and the modest quantity sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for possession of 15 grams of brown sugar.
- Whether non‑compliance with Section 50 of the NDPS Act and Section 105 of the B.N.S.S in the seizure process warrants bail.
- Whether the quantity involved, being more than a small quantity but less than a commercial quantity, justifies bail.
- Whether the petitioner’s lack of prior criminal antecedent and the period of pre‑trial detention affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 50, 8(c)
Subjects
- bail
- NDPS Act
- seizure procedure
- quantity of narcotic
- criminal antecedent
- pre‑trial detention
- Nepalese national
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5073 of 2026
Arising Out of PS. Case No.-45 Year-2025 Thana- Basmatia District- Araria
======================================================
Bhagat Choudhary Son of Tej Narayan Choudhary Resident of Village-
Bharol, Ward No. 6, P.S.- Chakraghati, District- Sunsari (Nepal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8(c)/21(b)
of the NDPS Act.
3. The case of the prosecution is that from the pocket
of this petitioner, altogether 15 grams of brown sugar was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that there is no
independent witness of the seizure list rather they are police
personnel. Police has not complied either Section 50 of the
NDPS Act or Section 105 of B.N.S.S while preparing seizure. It
Patna High Court CR. MISC. No.5073 of 2026(2) dt.04-02-2026
2/2
has further been submitted that the contraband which is alleged
to have been recovered from the possession of this petitioner is
though more than small quantity but is much less than
commercial quantity as per NDPS Act. A statement has been
made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, he is languishing in judicial
custody since 07.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Basmatiya P.S. Case No. 45 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge-cum the
Special Judge, NDPS Act, Araria.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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