Patna High Court
Kari ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted in view of the extended custody and trial delay.
Summary
Kari Chaudhary was arrested in connection with the recovery of 16.640 kg of ganja and charged under Sections 8, 20(b)(ii)(B), 22(b), 23(b) and 29 of the NDPS Act. He had been in custody since 30 August 2024 and his earlier bail application was rejected on 6 March 2025. The petitioner claimed innocence, noting that out of fourteen witnesses only two had been examined. The State opposed bail, but the court considered the prolonged period of detention and the delay in trial. Accordingly, the court granted regular bail on a bond of Rs. 10,000 with two sureties, subject to conditions of regular police station attendance and cooperation in the trial.
Issues considered
- Whether regular bail should be granted to an accused under the NDPS Act given the length of custody and delay in trial
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 20(b)(ii)(B), 22(b), 23(b), 29, 8
Subjects
- NDPS Act
- regular bail
- drug offence
- custody delay
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68389 of 2025
Arising Out of PS. Case No.-91 Year-2024 Thana- BALTHAR District- West Champaran
======================================================
Kari Chaudhary S/o Yodha Chaudhary @ Jodha Choudhary R/o Village- Ward
No. 10, Bagahi Baghampur, P.S.- Shrinagar, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta
For the Opposite Party/s : Mr. Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Balthar P.S. Case No. 91 of 2024
registered for the offence under Sections 8, 20(b)(ii)(B), 22(b),
23(b) and 29 of the NDPS Act. Earlier the bail application of the
petitioner was rejected on 06.03.2025 in Cr. Misc. No. 10188 of
2025.
3. The recovery is of 16.640 Kg of Ganja from the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 30.08.2024. He further submits
that out of 14 witnesses, only two witnesses have been
Patna High Court CR. MISC. No.68389 of 2025(3) dt.11-02-2026
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examined.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the period of custody and the delay in
trial, this application for regular bail is allowed.
7. Accordingly, 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 the learned Exclusive Special Judge, NDPS Act,
West Champaran, Bettiah/concerned Court below in connection
with Balthar P.S. Case No. 91 of 2024 subject to conditions
that:-
(i). The petitioner will mark his
attendance at the Shrinagar Police Station on
every Sunday of each month. Any default in
appearance at the Police Station would result in
cancellation of bail bond of the petitioner;
(ii) The petitioner shall appear in the
trial regularly either personally or through his
lawyer and shall cooperate in the trial and non-
cooperation in the trial shall result in cancellation
of the bail bond of the petitioner;
(iii). Both the bailors will be close
blood relatives of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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