Patna High Court
Shambu ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted as the offence involved a commercial quantity of heroin.
Summary
Shambu Chauhan was arrested in connection with a case registered under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 312 grams of heroin, a commercial quantity. The petitioner filed a bail application after being in custody since 22 September 2025. The court examined the nature and quantity of the narcotics recovered, noting that it constituted a commercial quantity. Considering the seriousness of the offence under the NDPS Act, the court declined to grant bail and dismissed the application. The order was limited to the bail application and did not prejudice the merits of the trial, which was directed to be expedited.
Issues considered
- Whether bail can be granted to an accused charged with possession of a commercial quantity of heroin under Sections 8(c) and 21(c) of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 8(c)
Subjects
- bail
- NDPS Act
- heroin
- commercial quantity
- criminal procedure
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91129 of 2025
Arising Out of PS. Case No.-230 Year-2025 Thana- KRITYANAND NAGAR District-
Purnia
======================================================
Shambu Chauhan Son of Late Biku Chauhan Resident of village- Shanti
Nagar Ward no 9, P S -Dalkhola Dist -Uttar Dinajpur, West Bengal
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Union of India throgh the Narcotics Control Bureau Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Pandey
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Krityanand Nagar P.S. Case No. 230 of 2025 registered for the
offence under Section 8(c), 21(c) of the NDPS Act.
3. As per the prosecution case, the recovery is of
312 grams of Heroine from the petitioner.
4. The petitioner is in custody since 22.09.2025
and from the FSL report, it is clear that the recovered narcotics
is Heroine.
5. Considering the recovery of commercial quantity
of Heroine, this Court is not inclined to grant bail to the
petitioner.
Patna High Court CR. MISC. No.91129 of 2025(4) dt.16-04-2026
2/2
6. Accordingly, this application is dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
8. The trial of the petitioner is directed to be
expedited.
(Sandeep Kumar, J)
Vikas/-
U
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