Patna High Court
Chhotelal RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Chhotelal Ram, was arrested in connection with a case under Sections 8(c), 20(b)(ii)(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, after police recovered 307.43 kg of ganja from the house of co‑accused Shyamlal Bind. The petitioner contended that he was falsely implicated, had no criminal antecedent, no possession of the contraband, and that the prosecution had not complied with Sections 42 and 50 of the NDPS Act. An earlier bail application had been rejected. The State opposed bail, citing the seriousness of the offence. The Court, noting that the quantity seized was less than commercial quantity and that the petitioner had not been found in possession of the drugs, decided to grant bail with a bond of Rs.15,000 and two sureties, subject to conditions regarding appearance, bail‑bond cancellation on default, and prohibition against tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the facts of the case
- Whether the requirements of Sections 42 and 50 of the NDPS Act have been complied with
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 27A, 29, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- drug trafficking
- false implication
- possession
- commercial quantity
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74417 of 2025
Arising Out of PS. Case No.-362 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Chhotelal Ram Son of Ram Shringar Ram Resident of Sakin, Mokri, P.S.-
Bhabhua, District - Kaimur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
Mr. Pushkar Prashant, Advocate
Mr. Amit Anand, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-01-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Durgawati P.S. Case No. 362 of 2024 instituted for the offences
under Sections 8(c), 20(b)(ii)(c), 27A, 29 of the N.D.P.S. Act.
3. Prosecution case, in short, is that police recovered
total 307.43 Kg. ganja from the house of the co-accused
Shyamlal Bind.
3. Earlier, vide order dated 18.03.2025 passed in Cr.
Misc. No. 15399 of 2025, the prayer of the petitioner for grant
of regular bail was rejected by this Court.
4. Learned senior counsel for the petitioner submitted
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that the petitioner has falsely been implicated in the present
case. Petitioner is in custody since 27.11.2024 and has no
criminal antecedent. There is no allegation of tampering of
witnesses alleged against the petitioner. No incriminating
material has been recovered from the conscious possession of
the petitioner rather the recovery of huge quantity of ganja has
been made from the house of the co-accused Shyamlal Bind but
this petitioner has no concern with the alleged recovery. There is
no compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovered contraband being less than the
commercial quantity as also the period of custody undergone by
the petitioner, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Durgawati P.S. Case
No. 362 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
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the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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