Created by Fuzzy Cloud

Patna High Court

Vijay ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the alleged quantity is doubtful as commercial and the charge‑sheet is incomplete, warranting the grant of bail.

Summary

Vijay Chaudhary was arrested in connection with a case under the NDPS Act and the Arms Act for allegedly possessing 1 kg 5 gms of charas, a pistol and live cartridges. He sought bail, arguing that the weight was marginally above the commercial quantity threshold and that the packaging weight should be excluded, making the actual quantity non‑commercial. The petitioner also contended that the charge‑sheet was incomplete as it lacked a forensic laboratory report and that a pending Supreme Court decision (Divyas Bardewa v. NCB) should be considered. The State could not refute these points, and the court noted the doubtful commercial nature of the seized quantity and the incomplete charge‑sheet. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS.

Issues considered

  • Does the seized quantity of 1 kg 5 gms of charas constitute a 'commercial quantity' under the NDPS Act for invoking Section 37?
  • Is the charge‑sheet complete in the absence of a forensic laboratory report?
  • Should the petitioner be granted bail despite his criminal antecedents?
  • Does the pending Supreme Court judgment in Divyas Bardewa v. NCB affect the bail decision?

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • charge sheet
  • forensic report
  • Arms Act
  • pending Supreme Court case
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86339 of 2025
                  Arising Out of PS. Case No.-102 Year-2025 Thana- DHANAHA District- West Champaran
                 ======================================================
                 Vijay Chaudhary S/O Late Ram Ratan Chaudhary R/O Village - Bodhi
                 Chhapra, Police Station- Hanumanganj, District - Kushi Nagar, Uttar Pradesh

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kr Singh No. 1, Advocate
                 For the Opposite Party/s :      Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-02-2026              Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. for the State.

                            2. The petitioner seeks bail in connection with Dhanaha

                   P.S. Case No. 102 of 2025 registered for the offence under

                   Sections 8, 20(b)(ii)(c) and 29 of the N.D.P.S. Act and

                   Sections 25(1-b)a, 26 and 35 of the Arms Act.

                            3. The petitioner is named in the F.I.R. and is in

                   custody since 02.04.2025.

                            4. As per the FIR, petitioner alongwith co-accused

                   persons alleged to have in possession of 1 kg 5 gms of

                   charas/contraband in two different packets rapped in brown

                   paper alongwith one country-made pistol and three live

                   cartridges.
Patna High Court CR. MISC. No.86339 of 2025(2) dt.10-02-2026
                                            2/4




                   5. Learned counsel appearing on behalf of the

          petitioner submitted that the commercial quantity for the

          alleged contraband is one kilogram. It is submitted that

          weight shown is marginally high to make it commercial i.e. 1

          kg 5 gms. It is pointed out that the contraband was found

          rapped in brown paper in two separate packets and therefore

          any weight of brown paper for two different packets be taken

          into consideration prima facie the actual quantity of

          contraband comes below commercial quantity, therefore,

          implication of Section 37 of N.D.P.S. Act            appears not

          applicable in the present case. It is pointed that after

          investigation police submitted charge-sheet in the present

          case through charge-sheet no. 274/2025 dated 15.07.2025,

          upon perusal of which it transpires the same was submitted

          incomplete without obtaining F.S.L. report.

                   6. In this context, it is submitted that this matter is

          pending before Hon’ble Supreme Court for consideration in

          the is matter of Divyas Bardewa vs. Narcotics Control

          Bureau, reported in 2023 SCC Online SC 742. and,

          therefore, till outcome of the said case, the petitioner
Patna High Court CR. MISC. No.86339 of 2025(2) dt.10-02-2026
                                            3/4




          deserves to be enlarged on bail.

                   7. While explaining criminal antecedent, it is submitted

          that petitioner is found involved in seven more criminal cases

          where he is on bail. It is submitted that in maximum of these

          cases the petitioner was implicated out of confessional

          statement or suspicion.

                   8. It is submitted that the merit of this case is

          otherwise convincing but criminal antecedent should not be

          the sole criteria to decline the prayer of bail for which learned

          counsel relied upon the legal report of Hon’ble Supreme Court

          as available through Prabhakar Tewari vs. State of Uttar

          Pradesh and Anr. reported in (2020) 11 SCC 648.

                   9.    While concluding argument, it is submitted that

          investigation of these cases are completed, for which charge-

          sheet has been submitted, as such, there is no chance of

          tampering with the evidence.

                   10. Learned APP could not disputed the aforesaid facts

          and submissions advanced on behalf of the learned counsel

          for the petitioner.

                   11. In view of aforesaid factual submission as
           Patna High Court CR. MISC. No.86339 of 2025(2) dt.10-02-2026
                                                       4/4




                     recovered quantity prima-facie appears doubtful to the extent

                     of commercial quantity shown as discussed aforesaid, coupled

                     with fact that charge-sheet appears incomplete without F.S.L.

                     report where petitioner remains in custody since 02.04.2025,

                     accordingly, petitioner above named, is directed to be

                     released on bail in connection with Dhanaha P.S. Case No.

                     102 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees

                     Ten Thousand) with two sureties of the like amount each to

                     the satisfaction of learned Exclusive Special Judge (N.D.P.S.),

                     West Champaran, Bettiah /concerned court, subject to the

                     conditions as mentioned under Section 480(3) of BNSS.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

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.