Patna High Court
Chandan Kumar @ Chandan PoddarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Chandan Kumar was arrested in connection with a case registered under the Arms Act, 1959 and the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 after a raid recovered 7.58 g of brown sugar, a desi katta, knives and a panja. The petitioner pleaded that he was falsely implicated, that the seized brown sugar falls in the intermediate quantity category and therefore Section 37 of the NDPS Act should not apply, and that the prosecution had not complied with Section 50 of the NDPS Act. The State opposed bail, citing the petitioner’s five prior criminal antecedents. The Court examined the statutory requirements and the nature of the offences and, notwithstanding the antecedents, granted bail subject to stringent conditions including surety, personal appearance, reporting to the Superintendent of Police and possible cancellation for future similar offences. The order also directed verification of the petitioner’s criminal record and stipulated monitoring for nine months. The Court clarified that any observations in the bail order would not affect the trial.
Issues considered
- Whether bail can be granted in offences punishable under Sections 25(1‑b)A, 26 of the Arms Act and Sections 8(c), 21(b) of the NDPS Act.
- Whether the quantity of brown sugar falls within the intermediate category, thereby exempting the case from the rigours of Section 37 NDPS Act.
- Whether the prosecution complied with the procedural requirement of Section 50 of the NDPS Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-b)A, 26
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 50, 8(c)
Subjects
- bail
- Arms Act
- NDPS Act
- intermediate quantity
- Section 37 NDPS
- Section 50 NDPS
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85635 of 2025
Arising Out of PS. Case No.-142 Year-2025 Thana- Babarganj District- Bhagalpur
======================================================
Chandan Kumar @ Chandan Poddar, Son of Dilip Poddar, Resident of
Village- Sakrullachak, Ps- Barbarganj, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madan Mohan, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Babarganj P.S. Case No.142 of 2025 registered
for the offences punishable under Sections 25(1-b)A, 26 of the
Arms Act, 1959 and Section 8(c), 21(b) of the Narcotic Drugs
and Psychotropic Substances Act, 1985.
3. As per the prosecution case, the informant received
secret information that the petitioner Chandan Kumar @
Chandan Poddar was engaged in the business of brown sugar. A
raid was conducted and the petitioner was apprehended along
with 7.58 gm of brown sugar, one desi katta, two knives and a
panja.
4. The learned counsel for the petitioner submits that
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the petitioner has falsely been implicated in this case merely
because he carries five criminal antecedents against his name. It
has further been submitted that the recovered brown sugar falls
within the intermediate category and hence the rigours of
Section 37 of the NDPS Act does not apply in the present case.
It has next been submitted that there has been noncompliance of
Section 50 of the NDPS Act and no incriminating article as
stated in the FIR has been recovered from the conscious
possession. It has lastly been submitted that the petitioner is in
custody since 06.08.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Babarganj P.S. Case No.142 of 2025, subject to
the following conditions:-
(i) One of the bailors of the petitioner shall
be his close relative and the other shall be local
resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
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dates or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by
the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned Court below 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 court below shall take step for
cancellation of bail bond of the petitioner. However,
the acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before the
Superintendent of Police, Bhagalpur within fifteen days
of his release with a copy of this order and every two
weeks thereafter for the next nine months. The conduct
of the petitioner will be kept under watch in this period
by the Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be made to
the court concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail. After
reporting to the Superintendent of Police, a certificate
will be filed by the petitioner before the court
concerned.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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