Patna High Court
Bhola Kumar @ Bhola ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(a)(i), 8(b)
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
2/3
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
Checking your session…