Patna High Court

Mantosh Kumar Singh @Mantosh KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Mantosh Kumar Singh applied for regular bail in a case under the NDPS Act where 450 kg of ganja was seized from a highway truck. The prosecution alleged that Singh and his associates were involved in drug trafficking, though the petitioner claimed he was neither apprehended at the scene nor the driver or owner of the vehicle, and no contraband was found on him. He also argued that the seizure list was not served to anyone and that he has been in judicial custody since December 13, 2025. The State opposed bail, citing a prior criminal case. After hearing both sides, the Patna High Court granted bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the accused in a serious NDPS offence involving large quantity of narcotics
Whether the petitioner’s lack of direct possession or involvement justifies bail despite the seriousness of the charge
Whether the petitioner’s criminal antecedent warrants denial of bail

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)c, 22(c), 25, 29, 8(c)

Subjects

bail
NDPS Act
drug trafficking
highway seizure
criminal antecedent
Patna High Court
bail bond
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10517 of 2026
                       Arising Out of PS. Case No.-265 Year-2024 Thana- KOCHAS District- Rohtas
                 ======================================================
                 Mantosh Kumar Singh @Mantosh Kumar S/o Rajendra Singh @ Majnu
                 SIngh @Manju Singh R/o Village- Bhagatganj, P.O.- Khudru, Bhagatganj,
                 PS- Dinara, District- Rohtas, Bihar, Pin Code- 821112        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Sinha, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 8(c), 20(B)

                   (ii)c, 22(c), 25 and 29 of the NDPS Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with his associates was indulged in trafficking

                   of contraband and on this information, one Highwa truck was

                   intercepted. It is further alleged that the persons who were on

                   Highwa managed to escape and from that Highwa altogether

                   450 kg of ganja was recovered.

                                4. Learned counsel for the petitioner submits that

                   neither he was apprehended at the place of occurrence nor he is

                   driver or owner of the vehicle. It has further been submitted that

                   nothing has been recovered from the possession of this
            Patna High Court CR. MISC. No.10517 of 2026(2) dt.23-02-2026
                                                        2/2




                      petitioner. The police has not caught the petitioner with the

                      ganja or with the alleged vehicle. It has further been submitted

                      that the witnesses of the seizure list are police personnel and

                      from perusal of the seizure list it also transpire that the copy of

                      the same was not served to anybody. Learned counsel for the

                      petitioner has further submitted that the petitioner is in judicial

                      custody since 13.12.2025.

                                   5. Learned APP for the State has vehemently opposed

                      the bail and has submitted that the petitioner is having criminal

                      antecedent of one case.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Kochas P.S. Case No. 265 of 2024 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned court of Sessions Judge,

                      Rohtas at Sasaram.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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