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Patna High Court

MANOJ KUMAR YADAV @ MONAJ KUMAR YADAVversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Manoj Kumar Yadav, applied for anticipatory bail in a case registered under Sections 8, 20(b)(ii), 22(b) and 23(b) of the NDPS Act for alleged possession of two kilograms of ganja. The prosecution alleged that the petitioner was identified by his Aadhar card and mobile phone that fell while he fled from police in the VTR Jungle, where the narcotics were recovered. The petitioner argued that he was not arrested at the spot, nothing was found in his conscious possession and that the quantity was only intermediate, contending that the case was false and filed for ulterior motives. The State opposed the bail, highlighting the petitioner’s three prior cases and the risk of absconding or tampering with evidence. The Court, after considering the submissions, declined to grant anticipatory bail, finding the grounds insufficient to outweigh the concerns raised by the prosecution.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the NDPS Act given the alleged recovery of narcotics, his identification, and prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • narcotics
  • bail denial
  • criminal antecedent
  • West Champaran
  • Aadhar identification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18400 of 2026
                   Arising Out of PS. Case No.-114 Year-2025 Thana- MANPUR District- West Champaran
                 ======================================================
                 Manoj Kumar Yadav @ Monaj Kumar Yadav, S/O Sri Dinesh Kumar Yadav
                 R/V- Subhadra Jamuniya,P.S- Sahodara, Dist- West Champaran

                                                                                 ... ... Petitioner/S
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sagar Kumar
                                                  Mr.Harsha Shashwat
                                                  Mr.Sharad Kumar Verma
                 For the Opposite Party/s :       Mr.Ajit Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in Manpur P. S. Case No.114 of 2025 registered for

                   the offences punishable under Sections 8/20(b)(ii), 22(b)

                   and 23(b) of the NDPS Act.

                                 3. The learned counsel for the petitioner submits

                   that the petitioner has antecedent of three cases and the

                   informant alleges that he received an information that

                   accused with narcotic shall be entering Nepal through VTR

                   Jungle. Accordingly, the informant along with force reached

                   the place of occurrence and saw an accused coming, the
Patna High Court CR. MISC. No.18400 of 2026(2) dt.01-04-2026
                                            2/3




          accused seeing the force, fled throwing a bag. It is next

          alleged that from the bag, two kilograms ganja was

          recovered and the petitioner was identified based on the

          Aadhar card and mobile which fell while fleeing.

                       4. The learned counsel for the petitioner submits

          that petitioner was not arrested from the spot, as such,

          nothing was recovered from his conscious possession. It is

          also submitted that petitioner came to be implicated falsely

          in the instant case for ulterior reason. It is also submitted

          that even alleged recovery of ganja is of intermediate

          quantity.

                       5. Learned A.P.P. opposes the anticipatory bail

          application and submits that petitioner has antecedent of

          three cases and he was identified based on Aadhar card and

          mobile which fell while he was fleeing on seeing the police

          force. It is next submitted that investigation in the case is

          continuing and if privilege of anticipatory bail is granted to

          the petitioner, the petitioner may abscond or try to tamper

          with the evidence.

                       6. Considering the submissions made by the

          learned A.P.P., the Court is not inclined to extend the
               Patna High Court CR. MISC. No.18400 of 2026(2) dt.01-04-2026
                                                           3/3




                         privilege of anticipatory bail to the petitioner.

                                      7. The prayer of the petitioner for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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