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Patna High Court

Sheikh Munna @ Shekh MunnaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with conditions.

Summary

The petitioner, Sheikh Munna, was arrested while riding a motorcycle from which police recovered 10 kilograms of ganja, leading to charges under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He claimed he was merely a subordinate of co‑accused Deva Mahto and was unaware of the nature of the contraband he was transporting. The prosecution argued that the petitioner was caught red‑handed with the narcotics in his possession. The court considered the petitioner’s claim of false implication, his prior criminal antecedents, the fact that he had been in custody since 20‑04‑2025 and that a charge sheet had already been filed. Weighing these factors, the court decided to grant bail subject to a bond of Rs. 10,000 with two sureties and specific conditions under Section 480(3) of the B.N.S.S. and additional bail conditions. The bail order was directed to be implemented by the Exclusive Special Judge (NDPS) at West Champaran.

Issues considered

  • Whether bail should be granted to the accused under the NDPS Act despite the recovery of 10 kg of ganja
  • Whether the petitioner’s claim of being unaware of the contraband and being a subordinate affects bail eligibility

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession of cannabis
  • false implication
  • prior criminal antecedents
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75775 of 2025
                  Arising Out of PS. Case No.-422 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Sheikh Munna @ Shekh Munna Son of Sheikh Mustaque Resident of Village-
                 Tajpur Siswa, PS- Bhangaha, Dist- West Champaran

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Chandra, Advocate
                 For the Opposite Party/s :       Mr.Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   21-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 02. In the present case, the petitioner seeks bail in

                   connection with Shikarpur P.S. Case No. 422 of 2025 registered

                   for the alleged offences under Sections 8 & 20(b)(ii)(B) of

                   N.D.P.S. Act.

                                 03. As per prosecution case, recovery of 10 kgs of

                   Ganja was made from a bag tied on the motorcycle of the

                   petitioner.

                                 04. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in this case and petitioner

                   was not knowing about the nature of article given to him by co-

                   accused Deva Mahto for handing it over to another person.
Patna High Court CR. MISC. No.75775 of 2025(3) dt.21-01-2026
                                            2/3




          Since the petitioner has been working under co-accused Deva

          Mahto, he only obeyed his instruction. Even the motorcycle was

          handed to him by co-accused Deva Mahto and while the

          petitioner was going on the motorcycle, he was apprehended by

          the police. The petitioner is having criminal antecedent of three

          cases of different nature and he is on bail in all the cases. The

          petitioner is in custody since 20.04.2025 and charge sheet has

          been submitted.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner. Learned APP submits that the petitioner

          was caught red handed and recovery of 10 kgs of Ganja was

          made from the motorcycle which he was driving.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner and submission of charge

          sheet, the petitioner above named is directed to be released on

          bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Exclusive Special Judge (N.D.P.S.), West Champaran at

          Bettiah/concerned Court in connection with Shikarpur P.S. Case

          No. 422 of 2025, subject to the conditions mentioned in Section

          480(3) of B.N.S.S. and also the following conditions :
            Patna High Court CR. MISC. No.75775 of 2025(3) dt.21-01-2026
                                                        3/3




                                                      (i) One of the bailors will be a close

                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U      T


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