Patna High Court
Chandan Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to stipulated conditions.
Summary
The petitioner, Chandan Kumar Chaudhary, was arrested in a Narcotic Drugs and Psychotropic Substances (NDPS) case after a police raid recovered 4,500 ampules of Leegesic injection containing 2.7 grams of buprenorphine. He claimed he was falsely implicated, that the ampules were intended for medical use, and that the quantity was below the statutory threshold for invoking Section 37 of the NDPS Act. The prosecution opposed bail, while the petitioner’s counsel highlighted his clean antecedent. The Court considered the facts, the small quantity involved, and the petitioner’s background, and ordered his release on bail upon furnishing a bail bond of Rs 10,000 with two sureties and compliance with specific conditions. The order also directed the trial court to verify the petitioner’s criminal antecedent and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted in an NDPS case where 2.7 grams of buprenorphine were seized.
- Whether the quantity involved attracts the stringent provisions of Section 37 of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22(a), 37
Subjects
- bail
- NDPS Act
- buprenorphine
- quantity
- Section 37
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82435 of 2025
Arising Out of PS. Case No.-740 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Chandan Kumar Chaudhary Son of Niranjan Kumar Chaudhary R/o Mohalla
- Nandan, P.S. - Dumraon, Dist. - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in connection with
Agamkuan P.S. Case No. 740 of 2025 dated 07.10.2025
registered for the offences under Sections 21, 22(a) of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
3. As per the prosecution case the informant on secret
information intercepted a scooty and apprehended three persons
including the petitioner who disclosed that they were working
for OLA company. On search, a total of 4500 ampules of
Leegesic injection was recovered in which total 2.7 grams of
Buprenorhphine was found.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated and the ampules were
Patna High Court CR. MISC. No.82435 of 2025(2) dt.05-01-2026
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being delivered to a shop for medical purposes. It has further
been submitted that the total amount was found to be 2.7 grams
which is contained in 4500 ampules in all and therefore it
cannot be said that the petitioner and other accused persons
were misusing the said ampules. It is next submitted that the
small quantity under the Act is only one gram and therefore the
rigors of Section 37 shall not be attracted. Lastly, it is submitted
that the petitioner has clean antecedent.
5. The petitioner is in custody since 07.10.2025.
6. Learned APP has vehemently opposed the prayer
for bail of the petitioner.
7. Considering the facts and circumstances of the
case, the petitioner is directed to be released 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
the learned Sessions Judge/Special Judge, (NDPS) Patna in
connection with Agamkuan P.S. Case No. 740 of 2025 subject
to the following terms and conditions:
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed, if so required by the learned Trial Court;
Patna High Court CR. MISC. No.82435 of 2025(2) dt.05-01-2026
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(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the trial court shall verify the criminal antecedent
of the petitioner and in case at any stage, it is found that the
petitioner has concealed his criminal antecedent, the trial court
shall take step for cancellation of bail bonds of the petitioner.
However, the acceptance of bail bonds in terms of the above
mentioned order shall not be delayed for purpose of the same on
in the name of verification.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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