Patna High Court
Manohar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482 of the BNSS.
Summary
Manohar Yadav applied for anticipatory bail in a case (Birpur P.S. Case No. 63 of 2025) alleging violations of Sections 8(C), 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, based on a claim that a companion, Ravi Kumar, was caught at the Indo‑Nepal border with 19 g of brown sugar. The petitioner contended that he was falsely implicated, that the FIR made no specific allegation against him, and that he had previously been acquitted in a similar case. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on bail if arrested, subject to a bond of Rs. 10,000 with two sureties and several conditions under Section 482 of the BNSS. The order also stipulated that the bail conditions could be cancelled for non‑compliance or concealment of antecedents. The court clarified that its observations would not affect the trial.
Issues considered
- Whether anticipatory bail is appropriate in a case involving alleged NDPS offences under Sections 8(C), 21(b) and 29 of the NDPS Act.
- Whether the FIR and the facts alleged constitute sufficient ground to deny bail to the petitioner.
- Whether the petitioner’s prior acquittal and lack of direct recovery from him justify granting bail.
Legislation cited
- BNSS — s. 482
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(C)
Subjects
- anticipatory bail
- NDPS Act
- narcotics
- high court
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1970 of 2026
Arising Out of PS. Case No.-63 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Manohar Yadav Son of Mahesh Prasad Yadav @ Mahesh Rohita R/o Puraini
Ward No.- 14, P.S.- Birpur, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Birpur P.S. Case No. 63 of 2025 instituted
for the offences punishable under Sections 8(C)/21(b)/29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The allegation against the petitioner is that he had
called upon one Ravi Kumar to Nepal for a party and while the
said Ravi Kumar was returning, he was apprehended at the
Indo-Nepal Border and on search 19 grams of brown sugar was
allegedly recovered from the conscious possession of Ravi
Kumar.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated with vague allegations. It
Patna High Court CR. MISC. No.1970 of 2026(3) dt.24-02-2026
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has further been submitted that no recovery is said to have been
made from the petitioner while the apprehended person has said
that he had gone to Nepal and was present in a party with the
petitioner and thereafter while he was coming back he was
apprehended. It has been submitted that even from plain reading
of the FIR no allegation under the NDPS Act, whatsoever is
being made out against the petitioner. It has lastly been
submitted that the petitioner has one criminal case of similar
nature in which he has been acquitted.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sessions Judge, Supaul in connection
with Birpur P.S. Case No. 63 of 2025, subject to the conditions
as laid down under Section 482 of the BNSS and subject to the
following conditions:-
(i) One of the bailors will be a close
relative of the petitioner and the other shall be a
local resident:
Patna High Court CR. MISC. No.1970 of 2026(3) dt.24-02-2026
3/3
(ii) the petitioner will remain present on
each and every date fixed by the Court below, if so
required by the learned Trial Court;
(iii) in case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bonds of the petitioner will liable to be
cancelled by the Court concerned;
(iv) the Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in
terms of the above mentioned order shall not be
delayed for purpose of the same on in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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