Patna High Court
Manoj Parit @ Manoj PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted regular bail to the petitioner.
Summary
Manoj Parit was arrested in connection with a case under the NDPS Act where 18.250 kg of ganja was seized. He applied for regular bail, claiming innocence, that the quantity was below commercial level, he had no prior criminal record, and he is a handicapped person earning a livelihood by selling utensils. The State opposed the bail. The court, noting the sub‑commercial quantity, lack of antecedents, and the petitioner’s personal circumstances, granted bail on a bond of Rs.10,000 with two sureties. The order was made on a prima facie basis and does not prejudice the trial.
Issues considered
- Whether bail should be granted in an NDPS case where the seized quantity is below commercial threshold and the accused has no prior record.
- Whether the petitioner’s handicap and livelihood considerations warrant the grant of bail.
- Whether the prosecution’s evidence is sufficient to deny bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 23(c), 25, 29, 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- handicapped
- first-time offender
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35516 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- SAHODARA District- West Champaran
======================================================
Manoj Parit @ Manoj Pandit S/o Bhagat Parit @ Bhagat Pandit R/o - Siswa
Tajpur, P.S - Bhangaha, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 25-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sahodara P.S. Case No. 10 of 2026, registered under Sections 8,
20(b) (ii) (c), 23(c), 25 and 29 of N.D.P.S. Act.
3. As per prosecution case, the allegation is that the
18.250 kg of ganja was recovered from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that the quantity
is below commercial and the petitioner bears no criminal
antecedent. Petitioner is a handicapped person and he used to
earn his livelihood by selling utensils in an auto. The real
offender managed to escape and the petitioner was caught with
auto. The petitioner is in custody since 29.01.2026.
5. Learned APP for the State has vehemently opposes
Patna High Court CR. MISC. No.35516 of 2026(2) dt.25-05-2026
2/2
the prayer for bail of the petitioner.
6. Considering the fact that recovered ganja is below
commercial quantity and absence of criminal antecedent as well
as period of custody, this bail application is allowed.
7. Accordingly, let the petitioner above named, be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge NDPS, Bettiah, West Champaran/concerned court below
in connection with Sahodara P.S. Case No. 10 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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