Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that bail must be granted to the petitioner.
Summary
Munna Kumar was arrested as a passenger in an auto from which 15 kg of ganja was seized; the driver escaped and the petitioner claims he had no involvement. He filed an application for regular bail under Sections 20(b)(ii)(B), 29 and 25 of the NDPS Act, asserting that the quantity is below commercial limits, he has no prior NDPS record, and a charge‑sheet has already been filed. The State opposed the bail, noting the absence of a forensic laboratory report. The Court considered the petitioner’s custody since 17‑Aug‑2025, the low quantity of narcotics, the lack of antecedent, and the filing of the charge‑sheet, and concluded that bail was appropriate. Accordingly, the Court ordered that Munna Kumar be released on bail upon furnishing a Rs.10,000 bond with two sureties.
Issues considered
- Whether regular bail should be granted to the accused under Sections 20(b)(ii)(B), 29 and 25 of the NDPS Act given the facts of the case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 25, 29
Subjects
- regular bail
- NDPS Act
- narcotics
- commercial quantity
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76786 of 2025
Arising Out of PS. Case No.-263 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Munna Kumar S/O Shambhu Prasad Resident of village - Bishanpura, Police
Station - Chapra Muffasil, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Rivilganj P.S. Case
no.263 of 2025 registered under sections 20 (b) (ii)(B), 29 and
25 of the N.D.P.S. Act.
3. As per the prosecution case, two accused persons
were arrested and 15 kgs of ganja was recovered from an auto.
It is further stated that the driver of the vehicle managed to
escape.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. He has neither
any concern with the auto on which he was only a passenger nor
with the seized ganja. The alleged quantity is less than the
commercial quantity. The petitioner is in custody since
Patna High Court CR. MISC. No.76786 of 2025(3) dt.21-01-2026
2/2
17.8.2025, has no criminal antecedent and charge-sheet has been
submitted in the case.
5. The application for bail is opposed by learned A.P.P
for the State, however it is submitted that there is no mention of
the FSL report in the same.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the petitioner having remained in custody since
17.8.2025, charge-sheet having been submitted in the case, the
quantity of the seized ganja being below the commercial
quantity and especially the petitioner not having any antecedent
under the NDPS Act, the petitioner is directed to be enlarged on
bail in connection with Rivilganj P.S. Case no.263 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Sessions Judge/Special Judge, N.D.P.S, Saran,
Chapra.
(Partha Sarthy, J)
Shiv/-
U T
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