Patna High Court
Chand Mohan Pal @ Chandra Mohan Pal @ Chandramohan PalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that bail may be granted to the petitioner under the stipulated conditions despite the NDPS charges.
Summary
The petitioner, Chand Mohan Pal, was implicated in an NDPS case after co‑accused Mritunjay Pandey and Anita Devi alleged that he ordered them to procure 16.739 kg of ganja from another co‑accused. The petitioner claimed innocence, arguing that the only evidence against him were the co‑accused’s statements and that the seized quantity did not constitute a commercial amount. He also highlighted that he was already on bail in a separate Excise Act matter and offered to cooperate with the investigation. The State opposed bail, citing the seriousness of the NDPS charges. The Court, after considering the submissions and the nature of the allegations, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, including cooperation in trial and non‑tampering with evidence.
Issues considered
- What is the appropriateness of granting bail to an accused under Sections 8(c), 21(b)(ii)(B), 29 and 27(a) of the NDPS Act?
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are valid for bail in an NDPS case?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b)(ii)(B), 27(a), 29, 8(c)
Subjects
- bail
- NDPS Act
- Section 482
- criminal procedure
- co‑accused statements
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7528 of 2026
Arising Out of PS. Case No.-412 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Chand Mohan Pal @ Chandra Mohan Pal @ Chandramohan Pal S/O Baldeo
Pal R/O Village- Lalapur, Ward No. 12, Jahanabad, P.S and P.O- Kudra,
Distt.- Kaimur (Bhabua), State- Bihar, Pin- 821108.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 8(c), 21(b)(ii)(B), 29 and 27(a) of the
N.D.P.S. Act.
3. As per the F.I.R., 16.739 kg Ganja was
recovered from co-accused Mritunjay Pandey and Anita Devi
and during the inquiry, they took the name of the petitioner
alleging that petitioner has ordered them to bring ganja from
one co-accused Sanjay Singh.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to two criminal
Patna High Court CR. MISC. No.7528 of 2026(3) dt.01-04-2026
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antecedents relating to Excise Act, in which he is on bail.
Further submission is that there is no material against the
petitioner except the disclosure statements made by the co-
accused persons. The alleged quantity of ganja does not come
under the commercial quantity. Petitioner has no concern with
the seized ganja or the motorcycle. Petitioner undertakes to
cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer
for bail.
6. Having considered the facts and circumstances
of the case, submissions of learned counsel for the parties and
nature of allegation, let the above named petitioner be released
on bail, in the event of arrest or surrender before the learned
court below within a period of six weeks from today, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Sessions Judge-cum-Special Judge, Kaimur (Bhabua) in
connection with Kudra P.S. Case No. 412 of 2025, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita with further conditions:-
(i) Petitioner shall co-operate in the trial and shall
remain present on each and every date during trial and in his
Patna High Court CR. MISC. No.7528 of 2026(3) dt.01-04-2026
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absence on two consecutive dates, the trial court is at liberty to
cancel his bail bond.
(ii) If the petitioner tampers with the evidence or the
witnesses of the case, in that case, prosecution will be at liberty
to move for cancellation of bail of the petitioner.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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