Patna High Court
Chandan Kumar JhaversusThe Union of India through DRI, Patna
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail could not be granted to the petitioner.
Summary
The petitioner, Chandan Kumar Jha, a driver, was charged under Sections 20(b), 25 and 29 of the NDPS Act for allegedly transporting 382.5 kg of ganja. He contended that he was unaware of the contraband and that other co‑accused had already been granted bail, while he had been in custody for over four years without any criminal antecedent. The prosecution argued that the case involved a commercial quantity of narcotics and that most of its witnesses had already been examined. The court considered the seriousness of the offence, the remaining witnesses, and the fact that the trial was nearing its conclusion. Consequently, the court refused to grant bail, directing the trial court to complete the trial within four months without further adjournments. The bail petition was therefore dismissed.
Issues considered
- Whether bail should be granted to a driver accused under the NDPS Act for possession of a commercial quantity of ganja.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 25, 29
Subjects
- bail
- NDPS Act
- commercial quantity
- drug trafficking
- driver
- custody
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74259 of 2025
Arising Out of PS. Case No.-5 Year-2021 Thana- D.R.I District- Patna
======================================================
Chandan Kumar Jha S/O Late Pramod Kumar Jha Resident of village
-Bariyarpur, P.S- Sakra, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The Union of India through DRI, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Vikash Kumar, Sr. SC
: Mr. Ankit Kumar Singh, Jr. SC
: Ms. Aradhna Kumar, Advocate
: Mr. Akash Deep, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner and learned
counsel for the Union of India through DRI, Patna.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 20(b), 25 & 29 of the
N.D.P.S. Act.
3. As per the prosecution case, the allegation
against the petitioner is that the petitioner is the driver of the
alleged truck and he is actively involved in trafficking of ganja
and huge quantity of ganja i.e. 382.500 kgs has been recovered.
4. The learned counsel for the petitioner submits
that the petitioner has been made an accused in this case only
on account of the fact that he was the driver of the vehicle from
Patna High Court CR. MISC. No.74259 of 2025(4) dt.11-02-2026
2/3
which the seizure was made. It has been submitted that the
petitioner was not aware of the fact that ganja was kept in the
vehicle and further, other co-accused persons, being the owner
of the truck and the passengers of the other vehicle, which was
moving along with the said truck, have been granted the
privilege of bail by Co-ordinate Benches of this Court vide
order dated 03.12.2024, 18.04.2025 and 01.08.2025 passed in
Cr. Misc. No.42392 of 2024, Cr. Misc. No.84243 of 2024 and
Cr. Misc. No.44796 of 2025 respectively. The petitioner is in
custody since 21.09.2021 i.e. for more than four years and with
no criminal antecedent.
5. Learned counsel for the Union of India, through
DRI submitting that the present case involves commercial
quantity of ganja having been recovered in the vehicle in
question which was being driven by the petitioner, coupled
with the fact that seven out of ten witnesses have already been
examined by the prosecution, opposed the bail application of
the present petitioner.
6. Taking into consideration the facts and
circumstances and also considering the fact that the case has
reached at the fag end and only three witnesses are remaining
to be examined on behalf of the prosecution, this Court is not
Patna High Court CR. MISC. No.74259 of 2025(4) dt.11-02-2026
3/3
inclined to grant the privilege of bail to the petitioner.
Accordingly, the prayer for bail of the petitioner is hereby
rejected in connection with Special (NDPS) Case No.133 of
2021 (arising out of DRI file no.DRI/LZU/PRU/718(II)/ENQ-
10/2021-2022, unit Case No.05/2021-2022).
7. However, the learned Trial Court is directed to
proceed expeditiously and conclude the trial, preferably, within
a period of four months from today without giving any
unnecessary adjournments to any of the accused persons.
(Soni Shrivastava, J)
anand/-
U T
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