Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the quantum of narcotics recovered and the petitioner’s prior similar criminal antecedent justified refusal of bail.
Summary
The petitioner, Mantu Kumar, applied for regular bail in a case registered under Sections 8(c), 21, 22(c), 25 and 29 of the NDPS Act, alleging recovery of about 2000 ampules of Buprenorphine Hydrochloride. The prosecution alleged that the seized narcotics indicated a serious offence, and the petitioner had a prior criminal antecedent of a similar nature. The petitioner’s counsel contended that he was falsely implicated and had been in custody since 14 April 2026. The State opposed the bail, emphasizing the large quantum of drugs and the petitioner’s antecedent. The Court, considering both the seriousness of the offence and the prior record, declined to grant bail and dismissed the application, while noting that the order was limited to the bail application and did not prejudice the trial.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when a large quantity of narcotics has been seized
- Whether the petitioner’s prior criminal antecedent of a similar nature warrants denial of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 22(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- drug trafficking
- prior criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43633 of 2026
Arising Out of PS. Case No.-112 Year-2026 Thana- Chitragupta Nagar District- Patna
======================================================
Mantu Kumar Son of Manoj Singh Resident of Village- Purvi Shahpur
Mohanpur Kachhuara, P.S.- Gopalpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Khushi Awadh, Advocate
For the State : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Chitragupta Nagar P.S. Case No. 112 of 2026 registered for the
offence punishable under Sections 8(c), 21, 22(c), 25 and 29 of
the NDPS Act.
3. As per the prosecution case, there is recovery of
about 2000 ampules of Buprenorphine Hydrochloride IP (silent)
injection.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 14.04.2026 having one
criminal antecedent also.
5. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.43633 of 2026(2) dt.06-07-2026
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prayer for regular bail of the petitioner.
6. Considering the quantum of recovery and the
criminal antecedent of the petitioner which is of similar nature,
I am not inclined to grant bail to the petitioner.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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