Allowed¶¶22

Pramod Choudhary v. The State of Bihar

Bail allowed – Narcotic Drugs and Psychotrophic Substance Act

Patna HC21 Jan 2026CR. MISC./70455/2025

Download

Case brief

AI extract

What is this about?

NDPS bail; Patna High Court; CR. MISC. No.70455 of 2025; Khatim Reza, J.; 21-01-2026; Lalmatia P.S. Case No. 99 of 2025; Bhagalpur; Sections 8, 8(c), 17(b), 18(b), 21(b), 22 NDPS Act; recovery of 31.92 gm brown-sugar like substance; seizure list before FIR registration; charge-sheet without F.S.L. report; intermediate quantity; bail bonds Rs. 10,000/- with two sureties; conditions incl. fortnightly appearance before S.H.O. till framing of charge.

What did the court decide?

Bail granted to both petitioners on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Bhagalpur, subject to five enumerated conditions. ¶¶22

Pramod Choudhary Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

¶¶22

Issue for consideration

Whether the petitioners are entitled to bail in connection with Lalmatia P.S. Case No. 99 of 2025 dated 30.07.2025 registered under the Narcotic Drugs and Psychotrophic Substance Act.

¶¶14

Court's answer

Both petitioners are to be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Bhagalpur.

¶¶22

Ratio / Principle

The release is subject to conditions, including cooperation in the trial, a blood-relation bailor stating on affidavit, liberty to the prosecution to seek cancellation on tampering, and appearance before the local S.H.O. within two weeks of release and thereafter every fortnightly to mark attendance till framing of charge.

¶¶27

Detailed headnote1 paragraphs

Bail allowed — Narcotic Drugs and Psychotrophic Substance Act — Patna High Court (Khatim Reza, J.), CR. MISC. No.70455 of 2025, order dated 21-01-2026, arising from Lalmatia P.S. Case No. 99 of 2025 (District Bhagalpur), where 31.92 gm brown-sugar like substance was allegedly recovered from the house of petitioner no. 1. Defence contended false implication, that the seizure list prepared at 17:25 hrs preceded FIR registration at 18:35 hrs showing non-compliance with mandatory provisions of the N.D.P.S. Act, that the seized substance was of intermediate quantity, and that the charge-sheet was filed without F.S.L. report. Petitioners, in custody since 31.07.2025, were released on bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Principal Sessions Judge, Bhagalpur, subject to conditions including cooperation in trial, a blood-relation bailor on affidavit, and fortnightly appearance before the local S.H.O. till framing of charge.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70455 of 2025

¶2

Arising Out of PS. Case No.-99 Year-2025 Thana- Lalmatia District- Bhagalpur

¶3

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

¶4

Pramod Choudhary, Son of Late Ramdeo Choudhary, R/oVill. - Pai Tola Lalmatia, P.S. - Lalmatia, Dist. - Bhagalpur.

¶5

Vikash Choudhary, Son of Pramod Choudhary, R/oVill. - Pai Tola Lalmatia, P.S. - Lalmatia, Dist. - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh, Adv. For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

¶11

5 21-01-2026

¶12

Heard learned counsel for the petitioners and learned

¶13

A.P.P for the State.

¶14

The petitioners seek bail in connection with Lalmatia P.S. Case No. 99 of 2025 dated 30.07.2025 registered for the offence punishable under Sections 8, 8(c), 17(b), 18(b), 21(b) and 22 of the Narcotic Drugs and Psychotrophic Substance Act.

¶15

Allegation is of recovery of 31.92 gm brown-sugar like substance as well as other incriminating materials from the house of Pramod Choudhary where petitioner no. 2, namely, Vikash Kumar @ Appu and co-accused Sagar Kumar were also present. All the persons were arrested.

¶16

Learned counsel for the petitioners submits that the

¶17

Patna High Court CR. MISC. No.70455 of 2025(5) dt.21-01-2026 2/4

¶18

petitioners are innocent and have been falsely implicated in this case. It is submitted that nothing has been recovered from conscious possession of the petitioner, rather, the said articles were recovered from a house, which belongs to Pramod Choudhary. It is further submitted that the seizure list has been prepared on 30.07.2025 at 17:25 hrs but the registration of F.I.R. was on 30.07.2025 at 18:35 hrs which clearly shows that the petitioner has been falsely dragged in this case due to nonfulfillment of illegal demands of the police officials and the said seizure list has been prepared in the teeth of N.D.P.S. Act without following the mandatory provision of the N.D.P.S. Act. It is further submitted that the seized brown-sugar like substance is intermediate quantity of narcotic substance and the chargesheet has been filed without F.S.L. report. The petitioners are in custody since 31.07.2025, having one criminal case against petitioner no. 1 and two criminal cases against petitioner no. 2 of similar nature and charge-sheet has been submitted in the case.

¶19

Learned A.P.P for the State opposes the prayer for bail of the petitioners.

¶20

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the

¶21

Patna High Court CR. MISC. No.70455 of 2025(5) dt.21-01-2026 3/4

¶22

petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Bhagalpur in connection with Lalmatia P.S. Case No. 99 of 2025, subject to the following conditions:-

¶23

Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

¶24

One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or their wife.

¶25

The bailor shall also state on affidavit that he/she will inform the court concerned if the petitioners are made accused in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

¶26

If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

¶27

The petitioners within two weeks of their release from custody shall appear before the S.H.O. of their local area alongwith a copy of this order and shall appear every fortnightly to mark their

¶28

Patna High Court CR. MISC. No.70455 of 2025(5) dt.21-01-2026 4/4

¶29

attendance till the framing of charge in the trial court.

¶30

(Khatim Reza, J)

¶31

prabhat/-

¶32

U T

Pramod Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pramod Choudhary 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

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Abdur Raquib Vs Md. Yousuf

Shiv Yadav Vs The State of Bihar

Nitish Kumar Yadav @ Nitish Kumar Vs The State Of Bihar

Kiran Devi Vs The State of Bihar

Sudhir Kumar Vs The State of Bihar

Awadhesh Mahto Vs The State of Bihar