Patna High Court
Sheikh Munna @ Shekh MunnaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- B.N.S.S. — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 8
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
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(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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