Allowed¶18

Chandan Kumar v. The State of Bihar

Patna HC24 Apr 2026CR. MISC./15623/2026

Case brief

AI extract

What is this about?

CR. MISC. No.15623 of 2026, Patna High Court, Sandeep Kumar J., decided 24-04-2026. Regular bail under Section(s) 20(B) of the NDPS Act; Sadar Excise P.S. Case No. 347 of 2024, District Madhubani; recovery of 6.512 kg ganja from petitioner on a motorcycle; custody since 18.12.2024; no witness examined; delay in trial; bail bond Rs. 10,000 with two like sureties; conditions of twice-monthly attendance at Pandaul Police Station and trial cooperation; observations prima facie only.

What did the court decide?

Regular bail granted; petitioner to be released on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions of attendance at Pandaul Police Station on the first and third Sunday of each month and regular appearance/cooperation in the trial. ¶18

Chandan Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 18.12.2024 in Sadar Excise P.S. Case No. 347 of 2024 registered under Section(s) 20(B) of the NDPS Act, should be released on regular bail.

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Court's answer

The application for regular bail is allowed, considering the facts and circumstances, the period of custody and the delay in trial.

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Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions that he mark attendance at Pandaul Police Station on the first and third Sunday of each month and appear in and cooperate with the trial; default would result in cancellation of the bail bond.

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Key takeaways

Observations made in the order are prima facie, limited solely to the adjudication of the bail application, and shall not be construed as an expression on the merits or influence the trial or other proceedings.obiter¶21

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.) allowed regular bail to the petitioner arraigned in Sadar Excise P.S. Case No. 347 of 2024 registered under Section(s) 20(B) of the NDPS Act, arising from recovery of 6.512 kg of ganja from his possession while he was travelling on a motorcycle. The petitioner was in custody since 18.12.2024 and no witness had been examined in the trial. Considering the period of custody and the delay in trial, bail was granted on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions that the petitioner mark attendance at Pandaul Police Station on the first and third Sunday of each month and regularly appear in and cooperate with the trial, default being liable to result in cancellation of the bail bond. All observations were made prima facie and confined to the bail application only.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15623 of 2026

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Arising Out of PS. Case No.-347 Year-2024 Thana- Excise P.S. District- Madhubani

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

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Chandan Kumar Son of Mohan Sah R/o Village - Bhagawatipur Ward no. 5, P.S. - Pandaul, District. - Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar ===================	... ... Opposite Part ===================================
Appearance : For the Petitioner/s : For the Opposite Party/s : ===================	Mr. Ajay Kumar Thakur, Advocate Mr. Deepak Kumar, Advocate Mr. Purushottam Kumar, Advocate Mrs. Sushmita, Advocate Mr. Jharkhandi Upadhyay, APP Mr. Rajendra Nath Jha ===================================
CORAM: HONOURABL	E MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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... ... Opposite Party/s

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2 24-04-2026 Heard the learned counsel for the petitioner and learned APP for the State.

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2 . The petitioner seeks regular bail in connection with Sadar Excise P.S. Case No. 347 of 2024 registered for the offence under Section(s) 20(B) of the NDPS Act.

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3 . As per the prosecution case, 6.512 kg of ganja was recovered from the possession of the petitioner, who was travelling on a motorcycle.

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4 . Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Petitioner is in custody since 18.12.2024. In the trial, no witness

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has been examined.

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Patna High Court CR. MISC. No.15623 of 2026(2) dt.24-04-2026 2/3

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5 . Learned A.P.P. for the State has vehemently

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opposed the prayer for bail.

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6 . Considering the aforesaid facts and circumstances, the period of custody and the delay in trial, this application for regular bail is allowed.

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7 . Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sadar Excise P.S. Case No. 347 of 2024 subject to conditions that:-

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(i). The petitioner will mark his attendance at the Pandaul Police Station on the first and third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

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(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner.

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8 . 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

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Patna High Court CR. MISC. No.15623 of 2026(2) dt.24-04-2026 3/3

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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

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manner.

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(Sandeep Kumar, J)

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Shishir/-

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U T

Chandan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chandan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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