Patna High Court
CR. MISC./59072/2026 of Santosh Kumar Chaudhari Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59072 of 2026 Arising Out of PS. Case No.-180 Year-2026 Thana- HUSSAINGANJ District- Siwan ====================================================== 1. Santosh Kumar Chaudhari S/O Late Rajendra Chaudhary R/O Village- Aranda, P.S.- Andar Thana,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59072 of 2026
Arising Out of PS. Case No.-180 Year-2026 Thana- HUSSAINGANJ District- Siwan ======================================================
1.
Santosh Kumar Chaudhari S/O Late Rajendra Chaudhary R/O Village- Aranda, P.S.- Andar Thana, Distt.- Siwan, Bihar.
2.
Ratnesh Kumar Yadav S/O Late Rambilash Yadav R/O Village- Kabilpura, P.S.- M.H. Nagar (Hasanpura), Distt.- Siwan, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Harsh Kaushal, Advocate
For the Opposite Party/s :
Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P appearing for the State.
2. The petitioner seeks bail in connection with Hussasinganj P.S. Case No. 180 of 2026 registered for the offence punishable under Sections 8(c), 20(B)(ii)(A), 21(a), 25 and 29 of the N.D.P.S Act.
3. According to the prosecution case, on 02.04.2026 at about 01:00 P.M., total 8.290 gram smack from eight small paper packets (puriya) was recovered from the pocket of the petitioner no. 1 namely, Santosh Kumar Chaudhari, who was sitting at back seat of the motorcycle and the petitioner no. 2 namely, Ratnesh Kumar Yadav was driving the alleged motorcycle bearing registration no. BR-29AR-7743.
4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.59072 of 2026(2) dt.19-08-2026
petitioners are innocent and has falsely been implicated in this case. He next submits that no any incriminating article has been recovered from the conscious possession of the petitioner, except 8.290 gram smack. He further submits that the recovered smack is 8.290 gram, which is just above small quantity. He further submits that the petitioners are in custody since 02.05.2026 and they have clean antecedent, as per paragraph 3 of the bail application, therefore, the petitioners deserve regular bail.
5. Learned A.P.P appearing on behalf of the State vehemently opposed the prayer for bail of the petitioners and submits that the alleged smack was recovered from the conscious possession of the petitioner no. 1 namely, Santosh Kumar Chaudhari and the petitioners were well aware of the alleged smack, therefore, the petitioners do not deserve regular bail.
6. Considering the quantum of recovery of smack, which is just above small quantity, from the possession as well as the period of custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties each of the like amount each to the satisfaction of the learned Court of Sessions Patna High Court CR. MISC. No.59072 of 2026(2) dt.19-08-2026
Judge, Siwan in connection with Hussainganj P.S. Case No. 180 of 2026, subject to the following conditions :
(i) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(ii) If the petitioners tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iii) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
dhaneshwar/- (Girijish Kumar, J) U T