Birju Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87558 of 2025 Arising Out of PS. Case No.-238 Year-2025 Thana- CHHAURADANO District- East Champaran ====================================================== Birju Chaudhary son of Ram Kamal Chaudhary Resident of village- Jitpur Bela, Ps- Jitna, District- East Champaran Motihari ... ... Petitioner/s

Versus

The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-04-2026 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Chhaurandano P.S. Case No. 238 of 2025 registered for the offence under Sections 18(b), 21(c), 23(c), 25 and 29 of the NDPS Act.

3. Though the allegation is of recovery of 1 Kg of Opium but from the perusal of the FSL Report it appears that morphine has been recovered from the petitioner and the recovery is of more than the commercial quantity.

4. The petitioner is in custody since 02.08.2025 and claims clean antecedent.

5. Considering the recovery of more than commercial

Patna High Court CR. MISC. No.87558 of 2025(5) dt.06-04-2026 2/2 quantity, this Court is not inclined to grant regular bail to the petitioner. Accordingly, this application for regular bail stands rejected.

6. 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 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 manner.

7. The copy of the report shall be kept with the records.

(Sandeep Kumar, J) Shishir/- U T