Patna High Court
Manjar Ahmad @ ManjarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court denied bail, holding that no new ground existed and the seriousness of the offence under the NDPS Act warranted continued custody.
Summary
Manjar Ahmad was arrested in May 2025 and charged under Section 111 of the Bharatiya Nyaya Sanhita, 2023, together with Sections 21(c), 22 and 23 of the NDPS Act for possession of contraband exceeding commercial quantity. He applied for regular bail, a second attempt after an earlier bail denial, claiming no prior criminal record and that the trial was still pending. The State opposed the bail, emphasizing the seriousness of the offence and the embargo provision under Section 37 of the NDPS Act. The Patna High Court found no new ground to revisit the earlier decision, noting the recovery of a large quantity of narcotics and the statutory embargo. Consequently, the court rejected the bail petition and directed the lower court to expedite the trial.
Issues considered
- Whether bail should be granted in a case involving possession of contraband beyond commercial quantity under the NDPS Act and Section 37 embargo.
- Whether any new ground exists to reconsider bail after a prior denial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 22, 23, 37
Subjects
- bail
- NDPS Act
- contraband
- commercial quantity
- Section 37
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22129 of 2026
Arising Out of PS. Case No.-38 Year-2025 Thana- Bathnaha District- Araria
======================================================
Manjar Ahmad @ Manjar Son of Late Mumtaz Ahmad @ Mohammad
Mumtaz R/o Village - Amouna, Ward no. 22, P.S. - Jogbani, Dist. - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Bathnaha P.S. Case No. 38 of 2025, instituted for the offences
under Section 111 of the Bharatiya Nyaya Sanhita, 2023, read
with Sections 21(c), 22 and 23 of the NDPS Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
08.07.2025 passed in Cr. Misc. No. 40760 of 2025 taking into
consideration the recovery of contraband beyond commercial
quantity.
Patna High Court CR. MISC. No.22129 of 2026(2) dt.03-04-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 14.05.2025
without any rhymes or reason and has got no criminal
antecedent. Learned counsel for the petitioner also submits that
charge has already been framed against the petitioner but the
trial has not concluded.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. There is no new ground to consider the bail petition
of the petitioner. Considering the aforesaid facts and
circumstances of the case and recovery of contraband beyond
commercial quantity coupled with embargo under Section 37 of
the NDPS Act. This Court is not inclined to grant bail to the
petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.