Patna High Court
Ajay Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court held that bail should be granted in view of the small quantity of narcotic and the petitioner’s clean record, subject to strict conditions.
Summary
Ajay Kumar Chaudhary was arrested in Patna for alleged possession of 1.29 kg of ganja, charged under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. The petitioner claimed innocence, asserted that he has no prior criminal record, and had not previously applied for bail. The State opposed the bail application. The High Court, noting the relatively small quantity of the contraband and the petitioner’s clean antecedent, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with several conditions regarding cooperation with investigation and non‑interference with witnesses. The bail was granted subject to these conditions.
Issues considered
- Whether bail should be granted to a person accused under the NDPS Act for possession of 1.29 kg of ganja.
- Whether the small quantity of narcotic and lack of prior criminal antecedents justify the grant of bail.
- Whether the court may impose conditions such as cooperation with investigation and non‑interference with witnesses as a prerequisite for bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- possession of ganja
- small quantity
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78434 of 2025
Arising Out of PS. Case No.-417 Year-2025 Thana- MALSALAMI District- Patna
======================================================
Ajay Kumar Chaudhary, S/o Late Krishna Chaudhary, R/o - Sarifaganj, P.S-
Malsalami, Dist.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Tilak Sao, Advocate
For the State : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Malsalami P.S. Case No.417 of 2025, dated. 11.08.2025,
registered for the offences punishable under Sections 8/20(b)(ii)
(B) of the N.D.P.S., Act.
3. As per allegation, total 1.29 Kg ganza has been
recovered from the possession of the Petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case.
5. He further submits that the petitioner has been
languishing in jail since 12.08.2025.
6. It has also been stated in paragraph no. 3 of the bail
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petition that the petitioner has no criminal antecedent.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances,
particularly the small quantity of the contraband, this
application is allowed, directing the petitioner, above-named,
to be enlarged on bail on his furnishing bail bonds in the sum of
Rs. 10,000 /- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned concerned Court
below in connection with Malsalami P.S. Case No.417 of 2025
on the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
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acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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