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Patna High Court

Mani Kumar @ Manikant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Mani Kumar, a young driver, was named in an FIR for alleged possession of 33.74 grams of smack after co‑accused Golu Kumar Mahto and Gunjan Kumar Ray were seized with the drugs. The petitioner argued he has no criminal antecedent and was implicated due to enmity, seeking anticipatory bail under Section 438 of the Cr.P.C. The State contended that the co‑accused named him. The High Court, noting the lack of prior record and that the seizure was from the co‑accused, granted anticipatory bail with stringent conditions, including a cash bond, sureties, regular court appearances, monthly police attendance, and non‑interference with witnesses. The order directs that the bail be effected within four weeks of receipt.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. in an NDPS case where he is named by co‑accused but has no prior criminal record.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • Section 438 Cr.P.C.
  • drug seizure
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1167 of 2026
                  Arising Out of PS. Case No.-89 Year-2024 Thana- LAHERIYASARAI District- Darbhanga
                 ======================================================
                 Mani Kumar @ Manikant Kumar Son of Shivsankar Ray @ Shivsagar Singh
                 Resident of village-Pirounchha, Post- Kanta Pirounchha, Police Station-
                 Benibaad, District- Muzaffarpur. (wrongly mentioned as resident of village-
                 Benibaad Chour, Police Station- Gayghaat, District- Muzaffarpur in the
                 F.I.R).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nilendu Kumar Choudhary, Adv.
                 For the Opposite Party/s :      Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-02-2026                       Heard Mr. Nilendu Kumar Choudhary, learned

                   Counsel for the petitioner and learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Laheriasarai P.S. Case No. 89 of 2024 for the offence

                   registered under sections 8, 29, 20(b)(ii)C of the Narcotic Drugs

                   and Psychotropic Substance Act, 1985.

                                3. As per the prosecution story, the informant alleged

                   that on secret information that some smacks are being sold, the

                   place was raided and Golu Kumar Mahto and Gunjan Kumar Ray

                   were apprehended. They gave the name of the person who escaped

                   as this petitioner. From the pocket of the two accused persons,

                   16.76 grams and 16.98 grams               (totaling 33.74 grams) smack

                   recovered/seized. This led to the FIR.
Patna High Court CR. MISC. No.1167 of 2026(2) dt.04-02-2026
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                       4. Learned Counsel for the petitioner submits that he is

          a young boy, a driver with the family and the livelihood of the

          family is based on his salary and in case is sent to jail, it will affect

          them. The submission is that recovery/seizure is from                    Golu

          Kumar Mahto and Gunjan Kumar Ray and only due to enmity, he

          has been named. The last submission is that the petitioner do not

          have criminal antecedent.

                       5. Learned APP for the State, on the other hand, submits

          that those who were apprehended with the smack have named him.

                       6. Considering the submissions of the parties as also the

          aforesaid fact, the petitioner do not have criminal antecedent,

          recovery/seizure is from Golu Kumar Mahto and Gunjan Kumar

          Ray, in that background, this Court is inclined to grant him the

          anticipatory bail with conditions.

                       7. Let the petitioner in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the order,

          shall be released on anticipatory bail on furnishing bail of Rs.

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

          each to the satisfaction of the learned Sessions Judge-cum-Special

          Judge, (NDPS Act) Darbhanga in connection with Laheriasarai

          P.S. Case No. 89 of 2024 subject to condition as laid down under

          Section 438(2) of the Cr.P.C.

                       (i)   one    of    the     bailor      should   be   the   family
           Patna High Court CR. MISC. No.1167 of 2026(2) dt.04-02-2026
                                                       3/3




                     members/relatives of the petitioner, who shall provide official

                     document (Aadhar Card, PAN Card, Driving License, Voter ID) to

                     show his bona fide;

                                  (ii) the petitioner shall appear on each and every date

                     before the Trial court and failure to do so for two consecutive

                     dates without plausible reason will entail cancellation of his bail

                     bond by the Trial court itself;

                                  (iii) the petitioner shall appear before the concerned

                     police station every month for one year to mark attendance and at

                     the end of the period, the certificate be submitted to the Court;

                                  (iv) the petitioner shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (v) the petitioner shall desist from committing any

                     criminal offence again failing which the State shall be at liberty to

                     take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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