Patna High Court
MANOJ KUMAR YADAV @ MONAJ KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii), 22(b), 23(b), 8
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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