Patna High Court
Manjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court held that bail is not entitled as per Section 37(1)(b)(ii) of the NDPS Act due to the petitioner’s repeated alleged involvement and the large quantity of narcotic seized.
Summary
Manjeet Kumar was arrested in connection with a case involving the recovery of 1,270 litres of codeine‑containing cough syrup, alleged to be offences under sections 21(c) and 22(c) of the NDPS Act. He contended that the seizure was made from his landlady’s house and that he had no conscious possession, seeking bail. The State opposed bail, highlighting his prior bail in a similar case and arguing a pattern of repeat involvement in NDPS offences. The Court examined the magnitude of the seizure and the petitioner’s history, concluding that he was likely to re‑offend and that Section 37(1)(b)(ii) of the NDPS Act precludes bail. Consequently, the bail application was rejected.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act in view of the large quantity of narcotic seized and his alleged repeat involvement.
- Whether Section 37(1)(b)(ii) of the NDPS Act applies to deny bail in the present case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 37(1)(b)(ii)
Subjects
- bail
- NDPS Act
- codeine
- repeat offence
- Section 37
- criminal procedure
- excise
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4938 of 2026
Arising Out of PS. Case No.-471 Year-2025 Thana- EXCISE NAUGACHIA District-
Bhagalpur
======================================================
Manjeet Kumar Son of Jagdish Sah Resident of - Maniamore Ward No. 12,
PS. - Naugachia, Distt. - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajesh Verma, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner who apprehends arrest in connection
with Naugachia Excise P.S. Case No. 471 of 2025 lodged on
18.10.2025, for the offences punishable under sections 21(c) and
22(c) of the Narcotic Drugs and Psychotropic Substances Act,
1985.
3. As per the prosecution, total recovery of 1270 litre
of cough syrup containing Codeine is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is
apparent from the F.I.R. itself that the alleged recovery was not
Patna High Court CR. MISC. No.4938 of 2026(2) dt.04-02-2026
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effected from the possession of the petitioner; rather, the said
recovery was made from the house of one Sita Devi, who is the
landlady. Learned counsel further submits that since the
recovery was not made from the conscious possession of the
petitioner, he has been unnecessarily implicated in the present
case. It is further submitted that admittedly the name of the
petitioner had earlier figured in a case under the N.D.P.S. Act, in
which this Court was pleased to grant him bail vide order dated
20.07.2024 passed in Criminal Miscellaneous No. 43069 of
2024.
5. Learned APP for the State vehemently opposes the
prayer for bail and submits that the antecedent of the petitioner
is not clean. It is submitted that despite having been granted
anticipatory bail earlier in a case involving recovery of 79
bottles of cough syrup, each containing 100 ml of Codeine
Phosphate, the petitioner has again been found involved in a
similar offence.
6. After hearing the parties and on perusal of the
materials available on record, it transpires to this Court that in
the earlier case, 79 bottles of cough syrup, each containing 100
ml of Codeine Phosphate, were recovered, whereas in the
present case, a huge quantity of about 1270 litres of cough syrup
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containing Codeine has been recovered. In view of the repeated
involvement of the petitioner in offences under the N.D.P.S. Act,
this Court is not satisfied that the petitioner is not likely to
commit any offence while on bail. Consequently, in view of the
embargo contained under Section 37(1)(b)(ii) of the N.D.P.S.
Act, the petitioner is not entitled to the privilege of bail.
7. Accordingly, the prayer for bail of the petitioner in
connection with Naugachia Excise P.S. Case No. 471 of 2025,
pending before the learned Principal Sessions Judge, Bhagalpur
is hereby rejected.
(Dr. Anshuman, J)
Ashwini/-
U T
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