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Patna High Court

Shankar Kumar ManjhiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Shankar Kumar Manjhi was arrested in connection with a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 26 grams of contraband. The petitioner claimed innocence, argued that no contraband was actually recovered from him, and contended that the seizure violated Section 105 of the Bihar Narcotic Substances (Control) Act. He also emphasized that the quantity seized was far below commercial levels and that he had no prior criminal record, having been in judicial custody since 22 April 2026. The State opposed the bail application. After hearing both sides, the Patna High Court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act for possession of 26 grams of contraband.
  • Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances (Control) Act.
  • Whether the quantity involved qualifies as a 'small quantity' warranting bail despite the seriousness of the offence.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • seizure procedure
  • Section 105
  • small quantity
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41979 of 2026
                         Arising Out of PS. Case No.-33 Year-2026 Thana- Basmatia District- Araria
                 ======================================================
                 Shankar Kumar Manjhi S/O Madhusudan Manjhi Resident Of Village- Ward
                 No. 4, Duhabi, Police Station- Duhabi, District- Sunsari, Nepal

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr.Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   29-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 8(c) and

                   21(b) of the N.D.P.S. Act.

                                3. The case of the prosecution, in short is that from

                   the possession of this petitioner, altogether 26 grams of smack

                   like contraband was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   been falsely implicated in this case. Learned counsel for the

                   petitioner has submitted that nothing has been recovered from the

                   possession of this petitioner. It has further been submitted that

                   the witnesses of the seizure list are police personnel. Police has
             Patna High Court CR. MISC. No.41979 of 2026(2) dt.29-06-2026
                                                         2/2




                       not complied Section 105 of the B.N.S.S. while making the

                       seizure. It has also been submitted that the alleged recovery of

                       contraband is though more than small quantity but is much less

                       than commercial quantity. Petitioner is having no criminal

                       antecedent and he is languishing in judicial custody since

                       22.04.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Basmatiya P.S. Case No. 33 of 2026 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned District and Sessions Judge-

                       cum-Special Judge, NDPS Act, Araria.


                                             (Ashok Kumar Pandey, J)

lata/-
U        T


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