Patna High Court
Manoj singhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioner under Section 482 of the BNSS, 2023, subject to a bail bond and verification of his criminal antecedent.
Summary
Manoj Singh applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with an FIR for possession of 5.384 kg of ganja. He was not named in the FIR; the only link was that the seized motorcycle was registered in his name and had been lent to a relative. The petitioner asserted his innocence and clean antecedent, while the State opposed bail but also noted his clean record. The Court considered that no narcotic material was recovered from the petitioner’s possession and that his antecedent was clean. Accordingly, the Court granted anticipatory bail subject to a Rs.30,000 bond, compliance with Section 2(1)(d) of the BNSS, and a condition that the trial court verify his criminal antecedent and cancel bail if concealment is discovered.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 when the petitioner is not named in the FIR but his vehicle is linked to the offence.
- Whether the petitioner’s clean antecedent and lack of direct recovery of narcotics justify the grant of anticipatory bail.
- What conditions may be imposed on anticipatory bail under Section 482 of the BNSS, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 2(1)(d), 482
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 23(b), 29
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- NDPS Act
- clean antecedent
- bail conditions
- motor vehicle seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37938 of 2026
Arising Out of PS. Case No.-8 Year-2025 Thana- SIKTA District- West Champaran
======================================================
Manoj Singh Son of Sri Swaminath Singh Resident of village - Gahiri,
Muralia Tola, Ward No. -07, P.S.- Nautan, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-06-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Sikta P.S. FIR No. 08 of 2025, lodged on
22.01.2025, under Sections 20(b)(ii)(B), 23(b) and 29 of the
Narcotic Drugs and Psychotropic Substances Act.
3. As per the prosecution, FIR has been lodged against
two named accused persons. The petitioner is not named in the
FIR. Total recovery of 5.384 Kgs of Ganja has been made,
which is the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.37938 of 2026(2) dt.17-06-2026
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petitioner is innocent and has committed no offence. He
submits that petitioner is not named in the FIR. He submits that
his name has figured in this case only due to the reason that the
motorcycle on which the two accused persons along with Ganja
has been recovered is registered in his name. It is the specific
stand of the petitioner that the apprehended accused is the co-
villager of the maternal uncle of the petitioner, who borrowed
his motorcycle for purchasing some medicines of his mother and
petitioner upon receiving information became completely
shocked and surprise to know that his motorcycle was seized for
carrying Ganja. He submits that in future he shall take care of.
He further submits that the antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for
bail but fairly submits that the antecedent of the petitioner is
clean. The recovery has been made from the possession of the
accused were apprehended.
6. As such, in the present facts and circumstances of
this case and due to the reason that no recovery has been made
from possession of the petitioner, let the above named petitioner
be released on anticipatory bail, in the event of arrest or
surrender before the learned Court below within a period of 4
weeks from today, on furnishing bail bond of Rs.30,000/-
Patna High Court CR. MISC. No.37938 of 2026(2) dt.17-06-2026
3/3
(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of
the BNSS, 2023 to the satisfaction of the learned Exclusive
Special Judge, NDPS Act, West Champaran at Bettiah, in
connection with Sikta P.S. FIR No. 08 of 2025, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
7. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the Trial Court shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above mentioned order shall not be delayed for
purpose of or in the name of verification.
(Dr. Anshuman, J)
Mkr./Manshi/-
U T
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