Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that in the absence of material evidence beyond the co-accused’s confession, anticipatory bail may be granted subject to prescribed conditions.
Summary
Manish Kumar petitioned the Patna High Court for anticipatory bail in NDPS Case No.47 of 2025, alleging that his alleged involvement in a ganja sale was based solely on the confessional statement of his brother, co-accused Nandan Kumar. The prosecution had recovered 6 kg of ganja and claimed the petitioner was part of the drug business, but no incriminating article was found on him and he was not present at the scene. The petitioner argued lack of material evidence, that the seized quantity did not constitute a commercial quantity, and that his prior criminal record was unrelated to the NDPS Act. The State opposed the bail. The Court, considering the absence of substantive evidence beyond the co-accused’s confession, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when the only evidence against the accused is a co-accused's confessional statement.
- Whether the quantity of ganja recovered (6 kg) qualifies as a commercial quantity under the NDPS Act.
- Whether a prior criminal antecedent unrelated to the NDPS Act affects the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)B, 8
Subjects
- anticipatory bail
- NDPS Act
- confessional statement
- commercial quantity
- bail conditions
- narcotics
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80722 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- PHULWARIA District- Begusarai
======================================================
Manish Kumar S/o Prabhat Kumar R/o Village - Bihat Tola, Maksaspur, Ward
No. 17, P.S - Barauni, F.C.I, District – Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Singh, Advocate.
For the Opposite Party/s : Mr. Mohammad Sufyan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 08-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with N.D.P.S. Case No.47 of 2025 arising out of Phulwaria P.S.
Case No.117 of 2025 instituted under Sections 8/20(b)(ii)B of
N.D.P.S. Act.
3. As per the prosecution case, 6 K.G. of Ganja was
recovered from the seat next to the co-accused Nandan Kumar
who had disclosed that he and the petitioner who is his brother
were involved in the business of sale and purchase of Ganja.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case only on the basis of confessional statement of co-accused.
He further submits that the petitioner was neither present at the
spot nor any incriminating article has been recovered from his
Patna High Court CR. MISC. No.80722 of 2025(2) dt.08-01-2026
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conscious possession. Learned counsel submits that except the
confessional statement of the co-accused that the petitioner is
also involved in the business of sale and purchase of Ganja,
there is no material against the petitioner to connect him in this
offence. He further submits that petitioner has one criminal
antecedent but the same does not belong to N.D.P.S. Act and the
police after investigation had submitted final form which was
accepted by the Court concerned and the proceedings is dropped
against the petitioner. Learned counsel submits that petitioner
undertakes to cooperate in the investigation and trial. He further
submits that the quantity of recovery does not comes under the
category of commercial quantity.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned District & Additional Sessions Judge-I-cum-Spl. Judge,
N.D.P.S. Act and P.O. of Children Court, Begusarai in
Patna High Court CR. MISC. No.80722 of 2025(2) dt.08-01-2026
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connection with N.D.P.S. Case No.47 of 2025 arising out of
Phulwaria P.S. Case No.117 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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