Created by Fuzzy Cloud

Patna High Court

Kuldeep ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Kuldeep Chaudhary was arrested in connection with a case under Sections 8 and 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 for allegedly receiving 4.84 kg of ganja from an accomplice, Sikandar Kumar. The petitioner contended that he was falsely implicated, asserting no material linked him to the seized narcotics, though he disclosed a prior conviction under the Excise Act and had been in custody since July 20, 2025. The State opposed bail, citing the seriousness of the offence and the petitioner’s criminal antecedent. The High Court, after considering the lack of direct evidence against the petitioner and the principle of bail, ordered his release on bail with a bond of Rs. 10,000 and two sureties, imposing conditions such as attendance before the trial court and verification of his antecedent. The order also stipulated cancellation of bail upon breach of conditions or concealment of antecedent, and clarified that any observations in the order would not affect the trial.

Issues considered

  • Whether bail should be granted to the petitioner under the NDPS Act for alleged possession of 4.84 kg of ganja.
  • Whether the petitioner’s prior conviction under the Excise Act warrants denial of bail.
  • Whether the absence of material evidence directly linking the petitioner to the seized narcotics justifies granting bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession of narcotics
  • criminal antecedent
  • trial court
  • surety
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82643 of 2025
                   Arising Out of PS. Case No.-92 Year-2025 Thana- KIUL RAIL P.S. District- Lakhisarai
                 ======================================================
                 Kuldeep Chaudhary Son of Nunulal Chaudhary Resident of Village
                 -MokamaTeraha Chowk P.S.- Mokama District Patna At present residing at
                 Village- Ram Tola Baluapar P.S.- Lakhisarai District -Lakhisarai

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nirmal Kumar Sinha, 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 Kiul

                   Rail P.S. Case No. 92 of 2025 dated 12.05.2025 registered for

                   the offences under Sections 8/20(b)(ii)B of the Narcotics Drugs

                   and Psychotropic Substances Act, 1985.

                                3. As per the prosecution case the informant has

                   alleged that on secret information one person was apprehended

                   and who disclosed his name as Sikandar Kumar and on search

                   total 4.84 Kgs. of Ganja was recovered from his possession and

                   he disclosed that the same was to be handed over to Kuldeep

                   Chaudhary (the petitioner).

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.82643 of 2025(2) dt.05-01-2026
                                            2/3




          petitioner has falsely been implicated in this case and admittedly

          he was not apprehended with the recovered Ganja. It has been

          submitted that it was only on the statement of the apprehended

          accused Sikandar Kumar that he has been implicated. However,

          there is no material to connect the petitioner with the present

          incident. It has lastly been submitted that the petitioner has one

          criminal antecedent under Excise Act and he is in custody since

          20.07.2025.

                       5. Learned APP has vehemently opposed the prayer

          for bail of the petitioner.

                       6. 6. 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 Principal Sessions Judge, Lakhisarai, Kiul in

          connection with Kiul Rail P.S. Case No. 92 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;

                       (iii) in case of absence on two consecutive dates or in
            Patna High Court CR. MISC. No.82643 of 2025(2) dt.05-01-2026
                                                        3/3




                      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.

                                   7. 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.