Patna High Court
Birju ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 18(b), 21(c), 23(c), 25, 29
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
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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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