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Patna High Court

Manish KumarversusThe Narcotics Control Bureau Patna through its intelligence officer, Union of India

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail cannot be granted as the case involves contraband above commercial quantity and Section 37 of the NDPS Act bars bail, especially when the trial is at an advanced stage.

Summary

Manish Kumar was arrested in connection with a case under Sections 20 and 22 of the NDPS Act after a large quantity of ganja was seized. He applied for regular bail, claiming he has been in judicial custody since April 9, 2024, has no criminal antecedent, and that the trial is still ongoing with only five of nine witnesses examined. The State opposed bail, arguing that the contraband exceeds commercial quantity, invoking the bar on bail under Section 37 of the NDPS Act, and citing a Supreme Court decision that bail is rarely granted once a serious trial is underway. The High Court noted that there were no new grounds to revisit its earlier order denying bail and that the trial was at an advanced stage. Consequently, the court rejected the bail petition and directed the lower court to expedite the trial within three months. The decision reaffirmed the strict approach to bail in NDPS cases involving commercial quantities of narcotics.

Issues considered

  • Whether bail can be granted to an accused under Sections 20 and 22 of the NDPS Act when the seized narcotics exceed commercial quantity.
  • Whether Section 37 of the NDPS Act bars the grant of bail in such circumstances.
  • Whether the petitioner’s prolonged custody and lack of criminal antecedent justify bail despite the trial being in progress.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37
  • high court
  • criminal procedure
  • trial stage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.5460 of 2026
                         Arising Out of PS. Case No.-11 Year-2024 Thana- Roshna District- Katihar
                 ======================================================
                 Manish Kumar son of Late Ram Pravesh Ray Residentof Village- Kaladiyara
                 (at present Sunderpur) P.S-Salimur, Distrit-Patna.

                                                                                     ... ... Petitioner/s
                                                 Versus
           1.    The Narcotics Control Bureau Patna through its intelligence officer, Union
                 of India Bihar
           2.    The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bijay Bhushan Prasad, Advocate
                                                   Mrs. Sunidhi Vimal, Advocate
                 For the Opposite Party/s :        Mr. Dr. Krishna Nandan Singh (A.S.G.)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2.      The petitioner seeks bail in connection with Roshna

                   P.S. Case No. 11 of 2024, instituted for the offences under

                   Sections 20 and 22 of the NDPS Act.

                            3.      This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by this Court vide order dated

                   26.10.2024 passed in Cr. Misc. No. 77273 of 2024 taking into

                   consideration the recovery of huge quantity of Ganja.

                            4.      Learned counsel for the petitioner submits that the

                   petitioner is languishing in judicial custody since 09.04.2024
Patna High Court CR. MISC. No.5460 of 2026(2) dt.29-01-2026
                                            2/3




          without any rhymes or reason and has got no criminal

          antecedent. It is also submitted that charge-sheet has been

          submitted, cognizance has been taken in this case and charge

          has also been framed against the petitioner on 06.02.2025. It is

          further submitted that the trial is in progress, out of nine

          witnesses, only five witnesses have been examined in this case.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner. It is also submitted

          that the trial is in progress and the recovered contraband is

          above the commercial quantity, hence, there is bar under Section

          37 of the N.D.P.S. Act. Learned APP for the State has relied

          upon a decision of the Hon’ble Apex Court reported in 2024

          SCC OnLine SC 3539 (X. vs. State of Rajasthan & Anr.),

          wherein in paragraph no. 14, the Hon’ble Apex Court has held

          as under:

                                  “14. Ordinarily in serious offences like rape,

                                  murder,      dacoity,       etc.,   once   the   trial

                                  commences and the prosecution starts

                                  examining its witnesses, the Court, be it the

                                  Trial Court or the High Court should be

                                  loath in entertaining the bail application of

                                  the accused.”
             Patna High Court CR. MISC. No.5460 of 2026(2) dt.29-01-2026
                                                         3/3




                               6.      There is no new ground to consider the bail petition

                       of the petitioner. It appears that the trial is going on and is at an

                       advance stage and recovery of contraband beyond commercial

                       quantity coupled with embargo under Section 37 of the N.D.P.S.

                       Act, this Court is not inclined to grant bail to the petitioner.

                                7.     In view of the above, the prayer for bail of the

                       petitioner is again rejected with a direction to the court below to

                       expedite the trial and conclude the same preferably within a

                       period of three months from today.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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