Created by Fuzzy Cloud

Patna High Court

Uma Shankar Nishad @ Chotu Chaudhary @ Arya ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail may be granted where the seized narcotic quantity is below commercial quantity and the statutory conditions for denial under Sections 42 and 50 of the NDPS Act are not satisfied.

Summary

The petitioner, Uma Shankar Nishad, was arrested in connection with a case under the NDPS Act for alleged possession of 42 grams of a heroin-like substance recovered from a co-accused. He sought bail, claiming innocence, lack of personal possession of the contraband, and that the quantity was below the commercial threshold, rendering Section 37 inapplicable. The State opposed bail, citing the seriousness of the offences and the petitioner’s two prior criminal records. The Court examined the facts, noted the absence of compliance with Sections 42 and 50 of the NDPS Act, and considered the short custody period, concluding that bail could be granted. Accordingly, the Court ordered bail on a Rs.15,000 bond with two sureties and imposed conditions regarding family surety and regular court appearances.

Issues considered

  • Whether bail can be granted when the seized narcotic quantity is below the commercial quantity under the NDPS Act.
  • Whether Sections 42 and 50 of the NDPS Act are applicable to deny bail in the present circumstances.
  • Whether the petitioner’s prior criminal antecedents and period of custody preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • commercial quantity
  • Section 37
  • Section 42
  • Section 50
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5725 of 2026
                      Arising Out of PS. Case No.-291 Year-2025 Thana- SHIVSAGAR District- Rohtas
                 ======================================================
                 Uma Shankar Nishad @ Chotu Chaudhary @ Arya Choudhary S/o Munna
                 Chaudhary @ Munna chaudhary nishad R/o Village - Mohania,Malah toli,
                 Ward No. 6, P.S - Mohania, District - Kaimur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priya Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   11-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Shiv Sagar

                   P.S. Case No. 291 of 2025, instituted for the offences punishable

                   under Sections 8(c), 21(b), 22, 27(A) and 29 of the NDPS Act.

                           3. Prosecution allegation, in short, is that there is recovery

                   of 42 gram of heroine like substance in this case and the

                   petitioner along with other co-accused person has been arrested

                   on spot.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.5725 of 2026(4) dt.11-03-2026
                                            2/3




          the petitioner also submitted that the petitioner has got no

          concern with the alleged recovery of heroine. The alleged

          recovery has been made from the possession of co-accused

          Vishal Kumar. The recovered contraband is below the

          commercial quantity. Hence, Section 37 of the N.D.P.S. Act is

          not applicable in the present case. The petitioner is in custody

          since 26.10.2025 and has got two criminal antecedents. There is

          no compliance of Sections 42 and 50 of the N.D.P.S. Act.

          Learned counsel for the petitioner further submitted that other

          co-accused person has been granted regular bail by this Court

          vide order dated 20.02.2026 passed in Cr. Misc. No. 88613 of

          2025.

                  5. Learned A.P.P. for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  6. Considering the aforesaid facts and circumstances of

          the case, the recovered contraband being below the commercial

          quantity and the period of custody undergone by the petitioner,

          this Court is inclined to grant bail to the petitioner.

                  7. Let the petitioner be released on bail on furnishing bail

          bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Shiv Sagar P.S. Case
           Patna High Court CR. MISC. No.5725 of 2026(4) dt.11-03-2026
                                                       3/3




                     No. 291 of 2025, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.