Patna High Court
Kuldeep ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Excise Act
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)B, 8
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
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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
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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
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