Patna High Court
Munna ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Munna Chaudhary, was arrested in connection with a case where 2 kg of ganja was recovered from a motorcycle he was riding. He had previously applied for regular bail under the NDPS Act (Sections 20(b)(ii)(b), 23(b) and 29) and was denied. In a second application, his counsel argued false implication and highlighted his six prior criminal records and prolonged custody since 11‑01‑2025. The State opposed bail. The High Court, considering the length of custody, allowed the regular bail on the condition of a Rs.10,000 bond with two sureties, both blood relatives, and required weekly police station attendance and cooperation with the trial. Non‑compliance would lead to cancellation of bail.
Issues considered
- What is the appropriateness of granting regular bail to an accused under Sections 20(b)(ii)(b), 23(b) and 29 of the NDPS Act after a prolonged period of custody?
- Whether the conditions imposed by the court are sufficient to ensure the accused's attendance and cooperation in the trial.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 23(b), 29
Subjects
- regular bail
- NDPS Act
- drug trafficking
- custody
- bail conditions
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72491 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- MANPUR District- West Champaran
======================================================
Munna Chaudhary Son of Late Naresh Chaudhary Resident of Village - Pipra,
P.S. - Sahodara, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection Manpur P.S. Case No. 06 of 2025
registered for the offence under Sections 20(b)(ii)(b), 23(b) and
29 of the NDPS Act. Earlier the bail application of the petitioner
was rejected vide order dated 07.03.2025 passed in Cr. Misc.
No. 11498 of 2025.
3. As per the prosecution case, total 2 kgs ganja was
recovered from the dickey of the motorcycle which was being
driven by the petitioner and the co-accused person, Munna
Choudhary.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.72491 of 2025(3) dt.11-02-2026
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petitioner has falsely been implicated in the present case.
Learned counsel further submits that petitioner is a man with a
six criminal antecedents and he is in custody since 11.01.2025.
The petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the period of custody of the petitioner,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge, NDPS,
Bettiah, West Champaran /concerned Court below in connection
with Manpur P.S. Case No. 06/2025 subject to the following
conditions:-
(i) Both the bailors shall be blood relative of the
petitioner.
(ii) The petitioner after being released on bail, is
directed to mark his attendance at Sahodara Police
Station, District- West Champaran on every Sunday of the
month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(iii) the petitioner after being released on bail is
directed to co-operate in the trial either by appearing
personally or through his lawyer in the Trial Court on
each and every date fixed by the trial Court. Non-
Patna High Court CR. MISC. No.72491 of 2025(3) dt.11-02-2026
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compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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