Patna High Court

Manoj Pandey @ Manoj Kumar PandeyversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that pre‑arrest bail could not be granted to the petitioner.

Summary

Manoj Pandey sought pre‑arrest bail after a co‑accused, from whom 9 g of heroin was seized, identified him as an associate in a case under the NDPS Act. The prosecution alleged that the petitioner was involved in the possession of the narcotic and highlighted his prior criminal record. The court examined the seriousness of the offence, the quantity of heroin recovered, and the petitioner’s antecedents. Considering these factors, the court found that the petitioner did not merit the benefit of bail at this stage. Consequently, the petition for pre‑arrest bail was rejected.

Issues considered

What is the appropriate decision on the petition for pre‑arrest bail in a case under sections 8(c) and 21(b) of the NDPS Act, given the recovery of heroin and the petitioner’s prior criminal antecedent?

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)

Subjects

NDPS Act
pre‑arrest bail
heroin
criminal antecedent
bail petition

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.106 of 2026
                       Arising Out of PS. Case No.-231 Year-2025 Thana- RAGHOPUR District- Supaul
                  ======================================================
                  Manoj Pandey @ Manoj Kumar Pandey S/o- Bhubneshwar Pandey R/v-
                  Simrahi Dinadas Tola W.No-2, Ps- Raghopur Dist- Supaul

                                                                                   ... ... Petitioner/s
                                                        Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Pramod Mishra, Advocate
                  For the Opposite Party/s :       Mr. Narsingh Tanti , APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    20-01-2026                        Heard learned counsel for the petitioner and the
                    State .
                                 2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under section 8 (c) and 21 ( b ) of NDPS
                    Act.
                                 3 . As per the prosecution case , 9 gram smack
                    (Heroine) was recovered from possession of apprehended co-
                    accused person who disclosed the name of this petitioner as one
                    of his associates. Petitioner has got 1 criminal antecedent.
                                 4. Considering the aforesaid recovery , nature of
                    accusation , criminal antecedent of the petitioner and gravity of
                    offence , prayer for pre-arrest bail of the petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

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