Patna High Court
Manoj Kumar Gupta @ Ravi Gupta @ Rohit Kumar @ Ravi @ Manoj Kr. GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to a bond of Rs.15,000, two sureties and conditions of appearance.
Summary
The petitioner, Manoj Kumar Gupta, was charged under several provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of liquor, charas, smack, codeine, nitrazepam, semplex tablets and ganja recovered from the house of a co‑accused. The petitioner contended that no contraband was found in his personal possession, that the case against him was based solely on a confessional statement of the co‑accused, and that he had been falsely implicated. He also highlighted that another co‑accused had already been granted bail and that the prosecution had not complied with the bail provisions of Sections 42 and 50 of the NDPS Act. Despite the petitioner’s seven prior criminal antecedents and his custody since 25‑09‑2025, the court considered the lack of direct evidence against him and the principle of parity. Accordingly, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act despite the seriousness of the alleged offences and his prior criminal antecedents.
- Whether the absence of direct incriminating material in the petitioner’s possession and reliance on a co‑accused’s confessional statement affect the bail decision.
- Whether the prosecution complied with the procedural requirements of Sections 42 and 50 of the NDPS Act for bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(ii)(c), 21(b), 22(b), 23(c), 29, 42, 50
Subjects
- bail
- NDPS Act
- narcotics
- contraband
- criminal antecedents
- confessional statement
- Sections 42 and 50
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11970 of 2026
Arising Out of PS. Case No.-29 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
Manoj Kumar Gupta @ Ravi Gupta @ Rohit Kumar @ Ravi @ Manoj Kr.
Gupta Ram Swaroop Gupta @ Ram Swarup Gupta @ Ram swarup Prasad
gupta R/o Village- Mauje Ward No.20, P.S- Raxaul, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar, Advocate
For the Opposite Party/s : Ms. Renu Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Raxaul
P.S. Case No. 29 of 2025, instituted for the offences punishable
under Sections 20(B)(ii)(c), 21(b), 22(b), 23(c) and 29 of the
N.D.P.S Act and u/s 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 1.4 liters
of liquor, 1.7 Kg Charas, 10.86 mg smack, 1.9 liters codeine,
139 pieces of Nitrazepam tablets, 12 pieces of semplex tablets
and 590 gm ganja have been recovered from the house of co-
accused person.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11970 of 2026(2) dt.23-02-2026
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petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of contraband. Learned
counsel for the petitioner also submits that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of confessional statement made by co-accused
person and the same has got no evidentiary value. It is next
submitted that the alleged recovery has been made from the
house of co-accused, namely, Abullaish Miyan. Learned counsel
for the petitioner further submits that other co-accused has been
granted bail by this Bench vide order dated 19.01.2026 passed
in Cr. Misc. No. 1504 of 2026. The petitioner is in custody since
25.09.2025 and has got seven criminal antecedents. There is no
compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
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bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Raxaul P.S. Case No.
29 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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