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Patna High Court

Birju ChaudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was denied because the quantity of morphine recovered exceeded the commercial quantity under the NDPS Act.

Summary

Birju Chaudhary was arrested in connection with a case registered under the NDPS Act for alleged recovery of one kilogram of opium. The forensic report, however, indicated that morphine was recovered and the quantity exceeded the statutory commercial quantity. The petitioner, who has been in custody since 2 August 2025 and claims a clean antecedent, applied for regular bail. The Patna High Court considered the seriousness of the offence, the quantity involved, and the statutory provisions, and concluded that the larger-than‑commercial quantity warranted denial of bail. Consequently, the application for regular bail was rejected, with the court noting that its observations were prima facie and not to prejudice the trial.

Issues considered

  • Whether regular bail can be granted in an NDPS case where the seized narcotic exceeds the commercial quantity
  • Whether a clean antecedent of the accused warrants bail despite the large quantity of narcotic

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • morphine
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87558 of 2025
                    Arising Out of PS. Case No.-238 Year-2025 Thana- CHHAURADANO District- East
                                                       Champaran
                 ======================================================
                 Birju Chaudhary son of Ram Kamal Chaudhary Resident of village- Jitpur
                 Bela, Ps- Jitna, District- East Champaran Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rajesh Kumar
                 For the Opposite Party/s :     Mr. Jharkhandi Upadhyay, APP
                                                Mr. Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   06-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Chhaurandano P.S. Case No. 238 of 2025 registered for the

                   offence under Sections 18(b), 21(c), 23(c), 25 and 29 of the

                   NDPS Act.

                                3. Though the allegation is of recovery of 1 Kg of

                   Opium but from the perusal of the FSL Report it appears that

                   morphine has been recovered from the petitioner and the

                   recovery is of more than the commercial quantity.

                                4. The petitioner is in custody since 02.08.2025 and

                   claims clean antecedent.

                                5. Considering the recovery of more than commercial
            Patna High Court CR. MISC. No.87558 of 2025(5) dt.06-04-2026
                                                        2/2




                      quantity, this Court is not inclined to grant regular bail to the

                      petitioner. Accordingly, this application for regular bail stands

                      rejected.

                                   6. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.

                                   7. The copy of the report shall be kept with the

                      records.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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