Patna High Court
Vijay ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 25(1-b)a, 26, 35
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 29, 37, 8
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.
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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
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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
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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
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