Patna High Court
Jitendra Manjhi @ Jitendra Kumar @ CrezyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, finding that the quantity seized was below the smaller‑quantity threshold and that there was no prima‑facie evidence of conscious possession.
Summary
The petitioner, Jitendra Manjhi, was named in an FIR for offences under Sections 8, 21, 29 and 25 of the NDPS Act after co‑accused recovered 41 sachets containing a total of 21.2 grams of smack and alleged that they bought it from him. The petitioner’s counsel argued that the seized amount was below the ‘smaller quantity’ threshold of 50 grams, making the maximum punishment one year and the offence bailable, and highlighted his clean antecedents. The State opposed bail. The Court observed that the quantity was indeed less than the smaller quantity and that there was no prima‑facie evidence of conscious physical possession by the petitioner, and therefore ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS and a prohibition on committing similar offences.
Issues considered
- Whether bail should be granted when the seized narcotic quantity is below the ‘smaller quantity’ threshold under the NDPS Act
- Whether the petitioner had conscious physical possession of the contraband
- Whether Section 482(2) of the BNSS can be invoked to impose bail conditions
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 25, 29, 8
Subjects
- bail
- NDPS Act
- smaller quantity
- possession
- high court
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36854 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- MANJHAGARH District- Gopalganj
======================================================
Jitendra Manjhi @ Jitendra Kumar @ Crezy Son of Rameshwar Manjhi
Resident of village -Tetahali PS- Barharia Distt- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanshu Kumar Singh
For the Opposite Party/s : Mr.Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Manjhagarh P.S. Case
No. 43 of 2026 registered for the offences punishable under
Sections 8, 21, 29 and 25 of the NDPS Act.
3. As per FIR, total of 41 sachets weighing 21.2 grams
of smack was recovered from apprehended co-accused persons,
who disclosed that they purchased smack from this petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that even if allegation be taken true on its
face, alleged recovery is less than smaller quantity as in case of
smack the smaller quantity is 50 grams, whereas in the present
case total weight of recovered smack from 41 sachets is 21.2
grams, for which the maximum sentence is extendable up-to 1
year and as such bailable in nature. While concluding argument,
Patna High Court CR. MISC. No.36854 of 2026(2) dt.17-06-2026
2/2
it is submitted that above named petitioner is a man of clean
antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovered quantity of contraband is less
than smaller quantity and prima-facie not appears to be made
from conscious physical possession of this petitioner, accordingly
petitioner above-named, in the event of his arrest or surrender
before the court below within a period of four weeks, is directed
to be released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned Principal District and Sessions
Judge, Gopalganj/concerned Court, where the case is pending in
connection with Manjhagarh P.S. Case No. 43 of 2026, subject to
the conditions as laid down under Section 482(2) of BNSS with
further condition:-
(i) That petitioner shall not involve in the
similar nature of offence till the conclusion
of trial, failing which, the State shall be at
liberty to move before the Trial Court itself
for the cancellation of bail bond of the
petitioner.
(Chandra Shekhar Jha, J)
Sudha/-
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