Patna High Court
MANJEET KUMAR @ BUNTYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is permissible as the seized quantity is below commercial quantity and the petitioner has no criminal antecedent, subject to prescribed conditions.
Summary
The petitioner, Manjeet Kumar, sought anticipatory bail in a case under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act where 89 litres of codeine cough syrup were seized. The prosecution alleged the seizure occurred at a premises where the petitioner was neither the owner nor the tenant, and the tenant named the petitioner while in police custody. The petitioner argued he had no criminal antecedent, was not a resident of Patna, and the seized quantity was below the commercial threshold. The State opposed the bail but acknowledged the low quantity. Considering the lack of antecedent and sub‑commercial quantity, the court granted anticipatory bail with a set of strict conditions, including bond, sureties, regular appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted under the NDPS Act when the seized narcotic quantity is below the commercial threshold.
- Whether the petitioner can be implicated despite not being the tenant or owner of the premises where the seizure occurred.
Legislation cited
Subjects
- NDPS Act
- anticipatory bail
- narcotic seizure
- commercial quantity
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27854 of 2026
Arising Out of PS. Case No.-536 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
MANJEET KUMAR @ BUNTY S/o SHANKAR PRASAD R/o Jagdish
Niwas Gola Road, Talivpur, P.S.- Barh, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amritanshu Raj, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 29-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Kadamkuan P.S. Case No. 536 of 2025 for the
offence under sections 21(C) of the Narcotic Drugs and
Psychotropic Substances Act lodged on 06.08.2025 by the
informant, Anuj Kumar.
3. As per the prosecution story, the informant alleged
that on information, the Police reached near Vaishali roundabout
and raided the house of Pappu Singh where the Pawan Kumar
was residing as a tenant. There is recovery/seizure of 89 liters of
codeine cough syrup which led to the FIR.
4. Learned counsel for the petitioner submits that he is
neither the tenant nor the owner of the premises nor he has
criminal antecedent. Pawan Kumar, the tenant was apprehended
and he has named, under police custody, about this petitioner
Patna High Court CR. MISC. No.27854 of 2026(2) dt.29-04-2026
2/3
which led to the implication. He is not even a resident of Patna
but reside actually in Barh and in any case, the recovery/seizure
is below the commercial quantity.
5. Learned APP opposes the prayer submitting that the
person apprehended has named him though he concede that the
recovered/seized quantity is below the commercial one.
6. Taking into account the submissions of the parties
as also that the recovered material is below the commercial
quantity and the petitioner has no criminal antecedent, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
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 II, Patna in
connection with Kadamkuan P.S. Case No. 536 of 2025 subject
to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
Patna High Court CR. MISC. No.27854 of 2026(2) dt.29-04-2026
3/3
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(iv) 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;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…