SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Pat) 3069

PATNA HIGH COURT
Mr. Jitendra Kumar, J
Ajay Kumar Chaudhary – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.78434 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Tilak Sao
For the Respondents: Mr. Anant Kumar 1, APP

Bail granted based on possession of small quantity of contraband, subject to conditions ensuring cooperation with the investigation.

Headnote:The petitioner seeks bail under the N.D.P.S. Act concerning possession of 1.29 Kg ganja, asserting innocence. The State opposes bail due to the nature of the offense. The court allows bail considering circumstances, imposing conditions to ensure cooperation and presence during investigation and trial.

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

3 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Malsalami P.S. Case No.417 of 2025, dated. 11.08.2025, registered for the offences punishable under Sections 8 /20(b)(ii)

(B) of the N.D.P.S., Act.

3. As per allegation, total 1.29 Kg ganza has been recovered from the possession of the Petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case.

5. He further submits that the petitioner has been languishing in jail since 12.08.2025.

6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent. 7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.

9. Considering the aforesaid facts and circumstances, particularly the small quantity of the contraband, this application is allowed, directing the petitioner, above-named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Malsalami P.S. Case No.417 of 2025 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

(ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

(Jitendra Kumar, J.)

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top