Patna High Court
Manoj SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
Manoj Sharma, a driver, was arrested in connection with a case registered by the Narcotics Control Bureau (NCB) for the alleged possession of 622 kg of ganja. He was charged under Sections 8(c), 20(b)(ii)(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner sought bail, arguing that he was falsely implicated, had no incriminating articles in his possession, had no prior criminal record, and was merely the driver of the vehicle. The NCB counsel indicated that further witnesses would be examined. Considering the massive drug seizure, the Court was not inclined to grant bail and dismissed the application, directing the NCB to produce its witnesses promptly, with a provision for the petitioner to move for bail again if the trial is delayed. The bail application was therefore dismissed.
Issues considered
- Whether bail should be granted to a driver accused under the NDPS Act in a case involving a large drug seizure.
- Whether the petitioner’s claim of being merely a driver and having no incriminating articles in his possession warrants bail.
- Whether the prosecution’s evidence and the magnitude of the seizure justify denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- driver
- large drug seizure
- Narcotics Control Bureau
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82116 of 2025
Arising Out of PS. Case No.-7 Year-2024 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Aurangabad
======================================================
Manoj Sharma Son of Late Basgeet Sharma R/o House No. 62, Ward No. 10,
Achar Gali (V.S.Light), P.S.- Jugsalai, Dist.- Jamshedpur, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Singh, Advocate
For the State : Mr.Harendra Prasad, APP
For the N.C.B. : Mr. Awdhesh Kumar Pandey, Sr. C.G.C.
Mr. Arvind Kumar, C.G.C.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 19-03-2026 Heard learned counsel for the petitioner, learned
Additional Public Prosecutor for the State and learned counsel
for the N.C.B.
2. The petitioner seeks bail in connection with N.C.B.
P.S. Case No. 07/2024 registered for the offences punishable
under Sections 8(c), 20(b)(ii)(c), 25 and 29 of Narcotic Drugs
and Psychotropic Substances Act.
3. As per the prosecution case, 622 kg of ganja was
recovered from a truck.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession
and petitioner is only driver of the said vehicle. Learned counsel
Patna High Court CR. MISC. No.82116 of 2025(7) dt.19-03-2026
2/2
further submits that he has no criminal antecedent and he is in
custody since 13.04.2024. The petitioner undertakes to co-
operate in the case/ trial.
5. Mr. Awdhesh Kumar Pandey, learned counsel for
the N.C.B. submits that the N.C.B. will examine the other
witnesses at the earliest.
6. Considering the huge recovery, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
8. The N.C.B. is directed to produce the witnesses in
the trial on the dates fixed failing which the petitioner will have
liberty to move for bail again. If the trial is delayed by the
prosecution, the prosecution will called upon to explain the
delay.
(Sandeep Kumar, J)
tusharika/-
U T
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