Patna High Court
Manjeet Yadav @ Manjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail, holding that the absence of antecedents and the sub‑commercial quantity justify such relief.
Summary
Manjeet Yadav sought anticipatory bail after police seized 43.4 kg of doda from his residence in connection with an NDNDPS case alleging offences under Sections 8, 15(b), 18 and 25. He argued that the house is jointly owned, he has no criminal antecedent, and the seized quantity is below the commercial threshold of 50 kg. The State opposed the bail, contending that the recovery was from his house. The Patna High Court, noting the lack of prior record and the sub‑commercial quantity, granted anticipatory bail subject to stringent conditions, including a bail bond, sureties, regular appearances before police and the trial court, and non‑interference with witnesses. The order directs that the petitioner be released on bail if arrested or surrendered within four weeks, with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted under the NDPS Act when the seized quantity is below the commercial threshold and the accused has no prior criminal record.
- Whether the joint ownership of the premises affects the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 15(b), 18, 25, 8
Subjects
- anticipatory bail
- NDPS Act
- joint property
- commercial quantity
- bail conditions
- drug seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20780 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- CHAKARANDHA P.S. District- Gaya
======================================================
Manjeet Yadav @ Manjeet Kumar S/O Brahmdeo Yadav Village- Pichchulia,
P.S.- Chhakaroandha, Dist.- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate
: Mr. Sudhir Kumar Sinha, Advocate
For the State : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Chhakarbandha P.S. Case No. 02 of 2026
registered for the offence under Sections 8, 15(b), 18 and 25 of
the NDPS Act, lodged on 27.01.2026 by the informant,
Shamsher Alam.
3. As per the prosecution story, the Police raided the
house of the petitioner and there is recovery/seizure of 43.400
Kg Doda. This led to the F.I.R..
4. Learned counsel for the petitioner submits that the
house is a joint property not the exclusive one of him, has no
criminal antecedent and in any case the commercial quantity is
50 Kg.
Patna High Court CR. MISC. No.20780 of 2026(2) dt.08-04-2026
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5. Learned APP opposes the prayer submitting that
the recovery is from his house.
6. Taking into account the submissions of the parties
as also the fact that he do not have criminal antecedent, the
recovery is below the commercial quantity, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Special Judge NDPS Act, Gaya Ji, in
connection with Chhakarbandha P.S. Case No. 02 of 2026
subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.20780 of 2026(2) dt.08-04-2026
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before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) 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;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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