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Patna High Court

Ajay Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.78434 of 2025 (3) dt.21-01-2026
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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
            Patna High Court CR. MISC. No.78434 of 2025 (3) dt.21-01-2026
                                                        3/3




                      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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