Patna High Court
Abdhesh Chouhan @ Avadhesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, subject to a bond of Rs. 10,000 and two sureties, with conditions of physical presence during trial.
Summary
The petitioner, Abdhesh Chouhan, was arrested in a case under Sections 8(c), 20(b)(ii)(B) and 29 of the NDPS Act for alleged recovery of two kilograms of ganja from a motorcycle parked before his house and three kilograms from his house. He contended that he was falsely implicated, that the seized items did not belong to him, that the search and seizure violated statutory provisions, and that he was undergoing medical treatment in Varanasi at the time of the alleged incident, supported by medical prescriptions. The petitioner also highlighted that his wife, a co‑accused, had been granted anticipatory bail by the Apex Court and that he had no prior criminal record, having been in custody since 24 July 2025. The State opposed bail, relying on the FIR allegations. Considering the intermediate quantity of the drugs, the petitioner’s clean record, alleged procedural lapses, and his alibi, the Court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to his physical presence at every trial date.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the alleged recovery of an intermediate quantity of narcotics.
- Whether alleged violations of search and seizure procedures and the petitioner’s alibi justify bail.
- Whether the petitioner’s lack of criminal antecedent and the anticipatory bail granted to his co‑accused affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 29, 8(c)
Subjects
- bail
- NDPS Act
- search and seizure
- false implication
- intermediate quantity
- anticipatory bail
- medical alibi
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69757 of 2025
Arising Out of PS. Case No.-171 Year-2024 Thana- KOCHAS District- Rohtas
======================================================
Abdhesh Chouhan @ Avadhesh Chaudhary Son of Tripal Chauhan @ Ram
Kripal Chaudhary Resident of Village - Kanjar, P.S.- Kochas, District -
Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
Mr. Ajay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 8 (c), 20(b) (ii) (B) and
29 of the N.D.P.S. Act.
3. The allegation is that of recovery of two kgs. of
Ganja from the motorcycle which was parked in front of the
house and three kgs. of Ganja from the house of the petitioner.
4. It is submitted by learned counsel for the
petitioner that the petitioner has been falsely implicated in the
present case showing all these recoveries in front of his house
and also from a motorcycle parked in front of the house and
these recoveries have been made violating the mandatory
Patna High Court CR. MISC. No.69757 of 2025(3) dt.10-02-2026
2/3
provisions of search and seizure as there was no independent
witness. Moreover, the petitioner is not the exclusive owner of
the said house and the said motorcycle also does not belong to
the petitioner. It is further submitted that subsequently, during
course of investigation, a false story of recovery of 690 kgs. of
Ganja from a truck standing in front of his house has been
added, which appears to be completely false and baseless as the
same is made on the next day. Further, on the date of alleged
occurrence, the petitioner was actually at Varanasi for his
treatment and he has also submitted his medical prescriptions in
this regard (Annexure-2). Furthermore, co-accused, Meera Devi,
wife of the petitioner, has already been granted the privilege of
anticipatory bail by the Hon’ble Apex Court. The charges have
already been framed against the petitioner, who has no criminal
antecedent and has been languishing in custody since
24.07.2025.
5. Learned APP for the State opposed the bail
petition on the grounds of allegations made in the F.I.R.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
alleged recovery is of intermediate quantity of 5 kgs., which is
barely above the small quantity but much less than commercial
Patna High Court CR. MISC. No.69757 of 2025(3) dt.10-02-2026
3/3
quantity, coupled with the fact that he has no criminal
antecedent and has been languishing in custody since
24.07.2025, the above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Kochas P.S. Case
No.171 of 2024, subject to the conditions that the petitioner
shall remain physically present in court on each and every date
during trial and in the event of failure on two consecutive dates
without sufficient reasons, his bail bonds shall be liable to be
cancelled by the learned court concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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