Allowed¶27

Sanjeet Choudhary v. The State of Bihar

Patna HC18 Nov 2025CR. MISC./24163/2025

Case brief

AI extract

What is this about?

Patna HC bail granted NDPS charas 1.430 kg commercial quantity Section 37 twin conditions prolonged custody Article 21 slow trial four of seven witnesses examined Sanjeet Choudhary Chakia PS Case 196/2023 East Champaran Motihari Rs.20000 bail bond two sureties attendance condition Rabi Prakash State of Odisha SLP(Crl) 4169/2023 Justice Chandra Prakash Singh 18-11-2025 Cr. Misc. 24163/2025

What did the court decide?

Regular bail granted on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, subject to the condition of physical presence before the court below on each and every date (bail bond cancellable on absence on two consecutive dates without reasonable cause). ¶27

Sanjeet Choudhary Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, charged under ss 20(b)(ii)(c), 23 and 25 of the N.D.P.S. Act after recovery of 1.430 kgs. of charas (commercial quantity), should be enlarged on regular bail despite the Section 37 twin-condition embargo, in view of his custody since 30.05.2023 and the slow progress of the trial.

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, East Champaran, Motihari, in connection with NDPS Case No. 35 of 2024/CIS No. 35 of 2024.

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Ratio / Principle

Bail is conditioned on the petitioner remaining physically present before the learned court below on each and every date; failure on two consecutive dates without reasonable cause renders his bail bond liable to be cancelled.

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Detailed headnote1 paragraphs

Patna High Court (Cr. Misc. No.24163 of 2025, decided 18-11-2025) — Justice Chandra Prakash Singh allowed regular bail to Sanjeet Choudhary, accused under ss 20(b)(ii)(c), 23 and 25 of the N.D.P.S. Act in NDPS Case No. 35 of 2024/CIS No. 35 of 2024 arising out of Chakia P.S. Case No. 196/2023, after prosecution reported recovery of 1.430 kgs. of charas (commercial quantity) from his possession. Although the State opposed bail citing conscious possession and lack of valid authorisation, the court, weighing custody since 30.05.2023, charge framed only on 28.01.2025, and slow trial progress (four of seven charge-sheeted witnesses examined per Letter No. 193/2025 dt. 02.07.2025), enlarged the petitioner on a Rs.20,000/- bail bond with two like sureties, conditioning bail on personal presence before the court below on every date, failing which on two consecutive dates the bond is cancellable. Counsel had relied on Rabi Prakash v. The State of Odisha (SLP (Crl.) No. 4169 of 2023) on the Section 37 twin conditions and Article 21; the court's order rests on the facts, circumstances and period of custody.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24163 of 2025

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Arising Out of PS. Case No.-196 Year-2023 Thana- CHAKIA District- East Champaran

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======================================================

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Sanjeet Choudhary Son of Prabhu Choudhary Resident of Village - Hindu Chakia, P.S.- Chakia, District - East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Pathak For the Opposite Party/s : Mr.Kalyan Shankar ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 18-11-2025

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Heard learned counsel for the petitioner, learned

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counsel for the informant and learned A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with NDPS Case No. 35 of 2024/CIS No. 35 of 2024 arising out of Chakia P.S. Case No. 196/2023 dated 29.05.2023 registered for the offences punishable u/ss 20(b)(ii)(c), 23 and 25 of the N.D.P.S. Act.

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3. As per the prosecution case, total 1.430 kgs. of charas was recovered from the possession of the petitioner.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with

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Patna High Court CR. MISC. No.24163 of 2025(3) dt.18-11-2025 2/4

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the alleged recovery. As per the Letter No. 193/2025, dated 02.07.2025 issued by the learned court below, out of total seven charge-sheeted witnesses only four witnesses have been examined till date. The petitioner is in custody since 30.05.2023 while the charge has been framed against the petitioner on 28.01.2025. Learned counsel has further submitted that the trial is not likely to be concluded in near future. Learned counsel has placed reliance on the judgment of Supreme Court in the case of Rabi Prakash vs. The State of Odisha in Special Leave to Appeal (Crl.) No(s) 4169 of 2023 has held that “ As regard to the twin conditions contained in Section 37 of the NDPS Act, learned counsel for the respondent-State has been duly heard. Thus, the 1^st condition stands complied with. So far as the 2^nd condition re: formation of opinion as to whether there are reasonable grounds to believe that the petitioner is not guilty, the same may not be formed at this stage when he has already spent more than three a half years in custody. The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act.” Learned counsel has further

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Patna High Court CR. MISC. No.24163 of 2025(3) dt.18-11-2025 3/4

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submitted that only 1 witness out of 19 witnesses was examined in the aforesaid case. The petitioner has also accused in nine criminal cases of different nature as stated in para 3 of the bail petition.

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5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner and submitted that the seized contraband is of commercial quantity i.e. total 1.430 Kgs of Charas. The seized contraband was recovered from conscious possession of the petitioner. Learned counsel has further submitted that the petitioner had no valid authorization for keeping the seized contraband.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, East Champaran, Motihari in connection with NDPS Case No. 35 of 2024/CIS No. 35 of 2024 arising out of Chakia P.S. Case No. 196/2023, with further condition :-

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(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of

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Patna High Court CR. MISC. No.24163 of 2025(3) dt.18-11-2025 4/4

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the petitioner is liable to be cancelled.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Sanjeet Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjeet Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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