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Patna High Court

Bhola Kumar @ Bhola ChauhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Given the intermittent quantity, charge‑sheet filing, petitioner's clean record and precedent of bail to co‑accused, the court held that bail must be granted.

Summary

Bhola Kumar (also known as Bhola Chauhan) was arrested in connection with an NDPS case for alleged cultivation of ganja, where 13 plants weighing 22 kg and 8 plants weighing 17 kg were seized from Pancho Chauhan and Uday Chauhan. The petitioner contended that he was falsely implicated, that the seizure was from an open area with no possession by him, and that the prosecution failed to produce an independent witness, violating mandatory provisions of the B.N.S.S. He had been in custody since 2 June 2025, had no prior criminal record, and pointed to the bail granted to similarly situated co‑accused in a prior order. The State opposed bail. The Court noted the intermittent quantity of the narcotics, the filing of a charge‑sheet, the petitioner's clean record, and the precedent of bail to co‑accused, and therefore ordered bail. The petitioner was directed to furnish a bail bond of Rs.25,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 8(b) and 20(a)(i) of the NDPS Act.
  • Whether the absence of physical possession and alleged procedural lapses affect the bail application.
  • Whether the intermittent quantity of seized narcotics warrants bail.

Legislation cited

Subjects

  • NDPS Act
  • bail
  • drug cultivation
  • possession
  • intermittent quantity
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83175 of 2025
                      Arising Out of PS. Case No.-525 Year-2024 Thana- AKBARPUR District- Nawada
                 ======================================================
                 Bhola Kumar @ Bhola Chauhan son of Late Shankar Chauhan Village
                 -Lakshmipur PS- Akbarpur Distt -Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivendra Kr. Sinha, Adv.
                                                  Mr.Ranjeet Patel, Adv.
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   19-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                  2. A prayer for bail has been made on behalf of the

                   petitioners in connection with Akbarpur P.S. Case No.525 of

                   2024 registered for the offence under Sections 8(b) and 20(a)(i)

                   of the NDPS Act.

                                 3. As per prosecution case, the informant states that a

                   secret information having been received that some persons were

                   cultivating ganja plant adjacent to their houses, a raid was

                   conducted and 13 green plants of ganja weighting 22 kg and 8

                   green plants of ganja weighting 17 kg were recovered from

                   accused Pancho Chauhan and Uday Chauhan.

                                 4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.83175 of 2025(4) dt.19-02-2026
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          that the petitioners have been falsely implicated in the case. No

          recovery has been made from physical or conscious possession

          of the petitioner. The recovery has been made from an open

          place which is accessible to all and hence, no liability can be

          fixed upon the petitioner. Learned counsel for the petitioner

          further submits that no independent witness is there on the

          seizure list further indicating violation of mandatory provisions

          of the B.N.S.S. The petitioner is in custody since 02.06.2025.

          He has no criminal antecedent and undertakes to co-operate in

          the case/trial. Further, similarly situated co-accused persons

          have been granted bail by this Court vide order dated

          20.05.2025 in Cr. Misc. Nos. 32356 of 2025 (Annexure-3

          Series) respectively.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6.Taking into consideration the above mentioned facts

          of the case and also considering the fact that weight of

          recovered ganja is intermittent quantity, charge-sheet has been

          submitted in the case coupled with the fact that petitioner has no

          criminal antecedent and similarly situated co-accused has been

          granted bail by aforesaid order dated 20.05.2025, the petitioner

          is directed to be enlarged on bail in connection with Akbarpur
              Patna High Court CR. MISC. No.83175 of 2025(4) dt.19-02-2026
                                                          3/3




                        P.S. Case No.525 of 2024 on furnishing bail bond of

                        Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties

                        of the like amount each to the satisfaction of the learned Court

                        concerned where the case is pending/successor Court.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T


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