Patna High Court
Pramod ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Pramod Choudhary and his son Vikash Choudhary, were arrested in connection with a narcotics case (Lalmatia PS Case No. 99 of 2025) after a 31.92 gram brown‑sugar‑like substance was seized from Pramod's house. They sought bail, contending that the seizure list was prepared before the FIR, that the NDPS Act’s procedural requirements (including a forensic laboratory report) were not complied with, and that the substance constituted an intermediate quantity, making the charge‑sheet improper. The State opposed bail, arguing the seriousness of the offence under Sections 8, 8(c), 17(b), 18(b), 21(b) and 22 of the NDPS Act. The Court, after considering the submissions, granted bail to both petitioners on a bond of Rs 10,000 each with two sureties, imposing conditions such as cooperation with the trial, regular appearance before the police, and prohibition against tampering with evidence. The order reflects the Court’s assessment that the procedural lapses and the nature of the quantity warranted bail while safeguarding the trial process.
Issues considered
- What is the appropriate bail disposition for accused under Sections 8, 8(c), 17(b), 18(b), 21(b) and 22 of the NDPS Act in view of alleged procedural irregularities?
- Does the timing of the seizure list relative to the FIR and the absence of a forensic laboratory report justify granting bail?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 17(b), 18(b), 21(b), 22, 8, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- procedural lapse
- intermediate quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70455 of 2025
Arising Out of PS. Case No.-99 Year-2025 Thana- Lalmatia District- Bhagalpur
======================================================
1. Pramod Choudhary, Son of Late Ramdeo Choudhary, R/oVill. - Pai Tola
Lalmatia, P.S. - Lalmatia, Dist. - Bhagalpur.
2. Vikash Choudhary, Son of Pramod Choudhary, R/oVill. - Pai Tola Lalmatia,
P.S. - Lalmatia, Dist. - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Adv.
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners seek bail in connection with Lalmatia
P.S. Case No. 99 of 2025 dated 30.07.2025 registered for the
offence punishable under Sections 8, 8(c), 17(b), 18(b), 21(b)
and 22 of the Narcotic Drugs and Psychotrophic Substance Act.
3. Allegation is of recovery of 31.92 gm brown-sugar like
substance as well as other incriminating materials from the
house of Pramod Choudhary where petitioner no. 2, namely,
Vikash Kumar @ Appu and co-accused Sagar Kumar were also
present. All the persons were arrested.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.70455 of 2025(5) dt.21-01-2026
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petitioners are innocent and have been falsely implicated in this
case. It is submitted that nothing has been recovered from
conscious possession of the petitioner, rather, the said articles
were recovered from a house, which belongs to Pramod
Choudhary. It is further submitted that the seizure list has been
prepared on 30.07.2025 at 17:25 hrs but the registration of F.I.R.
was on 30.07.2025 at 18:35 hrs which clearly shows that the
petitioner has been falsely dragged in this case due to non-
fulfillment of illegal demands of the police officials and the said
seizure list has been prepared in the teeth of N.D.P.S. Act
without following the mandatory provision of the N.D.P.S. Act.
It is further submitted that the seized brown-sugar like substance
is intermediate quantity of narcotic substance and the charge-
sheet has been filed without F.S.L. report. The petitioners are in
custody since 31.07.2025, having one criminal case against
petitioner no. 1 and two criminal cases against petitioner no. 2
of similar nature and charge-sheet has been submitted in the
case.
5. Learned A.P.P for the State opposes 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
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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 Principal Sessions
Judge, Bhagalpur in connection with Lalmatia P.S. Case No. 99
of 2025, subject to 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 his own blood
relation, preferably father, mother, brother, sister
and or their wife.
3. The bailor shall also state on affidavit that
he/she 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.
5. The petitioners within two weeks of their
release from custody shall appear before the S.H.O.
of their local area alongwith a copy of this order
and shall appear every fortnightly to mark their
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attendance till the framing of charge in the trial
court.
(Khatim Reza, J)
prabhat/-
U T
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