Patna High Court
Shankar Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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