Patna High Court
Manoj Kumar Sah @ ManojversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 22, 23
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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