Patna High Court
Mani Kumar @ Manikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)C, 29, 8
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
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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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