Gaurav Bidhuri vs. The Union Of INDIA Through The Customs Department

Facts

The petitioner, Gaurav Bidhuri, sought regular bail in Airport Customs Gaya Case No. 03 of 2026. The case was registered under various sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The prosecution alleged the recovery of 5.188 kg of contraband narcotic substance. The petitioner had been in custody since January 27, 2026. The matter came before the Patna High Court for adjudication of the bail application.

Held

The Court held that it was not inclined to grant bail to the petitioner. This decision was based on the quantum of recovery, which was stated to be 5.188 kg of contraband narcotic substance. The Court reasoned that given this significant quantity, bail could not be granted at this stage. The observations made in the order were explicitly limited to the adjudication of the bail application and were not to prejudice the petitioner's case at any subsequent stage of the trial. The Court did not express any opinion on the merits of the case. The application for bail was accordingly dismissed.

Key Issues

1. Whether the petitioner is entitled to regular bail under the provisions of the NDPS Act, considering the quantity of contraband recovered? The petitioner argued for regular bail. The Revenue, represented by the Customs Department, opposed the bail application. The Court's decision was primarily based on the quantum of recovery, which is a significant factor in bail applications under the NDPS Act. The specific arguments from each side regarding legal provisions or precedents were not detailed in the provided text, beyond the general opposition by the revenue based on the recovery amount.