Patna High Court

Manoj KumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.

Summary

Manoj Kumar was arrested in connection with NDPS Case No. 95 of 2025, charged under Section 111 of the BNS, Sections 25(1‑b)a, 26 and 35 of the Arms Act, and Sections 8(c) and 21(b) of the NDPS Act. The prosecution alleged that a country‑made pistol with two live cartridges was recovered from his possession. The petitioner contended that the weapon and narcotics were seized from co‑accused Rajesh Kumar, that no contraband was found on him, and that the police failed to comply with Section 105 of the BNSS during seizure; he also highlighted that he had been in judicial custody since 19‑05‑2025. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court found the petitioner's arguments persuasive and ordered his release on bail, subject to a bond of Rs. 10,000 with two sureties, to the satisfaction of the Special Judge, NDPS Court No. II, Muzaffarpur.

Issues considered

Whether bail should be granted in an NDPS case involving alleged possession of a firearm and narcotics.
Whether the seizure of the alleged contraband complied with Section 105 of the BNSS.
Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
BNS — s. 105, 111
NDPS Act — s. 21(b), 8(c)

Subjects

bail
NDPS Act
Arms Act
seizure
Section 105
criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.484 of 2026
                   Arising Out of PS. Case No.-429 Year-2025 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
                 Manoj Kumar Son of Rajdev Ram Resident of village - Bhatauliya, Ward
                 No.- 13, P.S.- Paroo, District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :     Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with NDPS Case No. 95 of 2025 arising out of Sadar P.S. Case

                   No. 429 of 2025 registered for the offence punishable under

                   Section 111 of the BNS & Sections 25(1-b)a, 26, 35 of the Arms

                   Act & Section 8(c), 21(b) of the NDPS Act.

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

                   possession of this petitioner, one country-made pistol with two

                   live cartridges was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.484 of 2026(2) dt.05-02-2026
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          case. Learned counsel for the petitioner submits that the

          contraband was recovered from other accused persons. No

          contraband has been recovered from the possession of this

          petitioner. He also submits that the witnesses of the seizure list

          are police personnel. Police has not complied with Section 105

          of the BNSS while making the seizure. He also submits that co-

          accused namely, Rajesh Kumar from whose possession,

          country-made pistol live cartridge and 16 grams of smack was

          recovered has already been granted bail by this court in Cr.

          Misc. No. 80755 of 2025. The case of this petitioner stands on

          better footing. He further submits that the petitioner is

          languishing in judicial custody since 19.05.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of two cases.

                       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 enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Special

          Judge, NDPS Act Court No. II, Muzaffarpur in connection with
           Patna High Court CR. MISC. No.484 of 2026(2) dt.05-02-2026
                                                       3/3




                     NDPS Case No. 95 of 2025 arising out of Sadar P.S. Case No.

                     429 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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