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Patna High Court

Manoj Kumar Sah @ ManojversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied regular bail, finding the nature of the NDPS offences and seizure evidence sufficient to justify continued detention.

Summary

Manoj Kumar Sah applied for regular bail in a case under Sections 21(b), 22 and 23 of the NDPS Act, alleging that his earlier bail application was rejected and he has been in custody for over a year since June 2024. The petitioner argued that the prolonged detention warranted release. The court examined the nature of the allegations in the FIR and the seizure list, concluding that the seriousness of the offences under the NDPS Act outweighed the petitioner's claim of undue delay. Consequently, the judge was not inclined to grant bail. The application for regular bail was therefore dismissed.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act after more than one year of custody
  • Whether the nature of the allegations and seizure list justify denial of bail

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • custody
  • high court
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1157 of 2026
                         Arising Out of PS. Case No.-19 Year-2024 Thana- Basmatia District- Araria
                 ======================================================
                 Manoj Kumar Sah @ Manoj S/O Rajkumar Sah Resident of Nagar Negam
                 Area, Barahkshetra, Ward No. 11, P.S- Prakahpur, District- Sunsari, Nepal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Roshan Kumar, Advocate
                 For the Opposite Party/s :         Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   13-02-2026                       Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Basmatiya P.S. Case No.19 of 2024 dated 25.06.2024 for the

                   offence under Sections 21(b), 22 and 23 of the NDPS Act.

                                3. At the outset, learned counsel appearing on behalf

                   of the petitioner submitted that the petitioner’s regular bail

                   application was rejected vide order dated 01.10.2024 passed in

                   Cr. Misc. No.66402 of 2024 by this Court and the petitioner is

                   in custody since 26.06.2024 and more than one year has already

                   been passed. On this ground the petitioner seeks to be released

                   on bail.

                                4. Considering the nature of allegation made in the

                   FIR, as well as, considering the seizure list, I am not inclined to
           Patna High Court CR. MISC. No.1157 of 2026(2) dt.13-02-2026
                                                       2/2




                     enlarge the petitioner on bail.

                                  5. Accordingly, the present application stands

                     dismissed.



                                                (Purnendu Singh, J)
Ashishsingh/-

U      T


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