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Patna High Court

Jitendra ManjhiversusThe State Of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner, finding that the seriousness of the offences and his prior NDPS convictions preclude release.

Summary

The petitioner, Jitendra Manjhi, was arrested on 18 October 2024 for alleged cultivation of opium and charged under Sections 8(b), 18 and 29 of the NDPS Act. He has been in custody since his arrest and has three prior convictions under the same Act. The petitioner applied for regular bail after the charges were framed, arguing that the framing of charges should permit bail. The court noted that the trial had already commenced and emphasized the petitioner’s multiple prior NDPS convictions as a factor against granting bail. Consequently, the court rejected the bail application, holding that the seriousness of the offences and the petitioner’s criminal antecedents warranted continued detention.

Issues considered

  • Whether a person charged under Sections 8(b), 18 and 29 of the NDPS Act can be granted regular bail after charges have been framed
  • Whether the petitioner’s three prior NDPS convictions justify denial of bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • regular bail
  • criminal antecedents
  • trial commenced

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86371 of 2025
                      Arising Out of PS. Case No.-152 Year-2022 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Jitendra Manjhi S/O Krishna Manjhi @ Krishan Manjhi Resident of Village-
                 Piprahi, P.S. Barachatti, District- Gaya,

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   31-01-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with NDPS Case No. 86 of

                   2024 registered for the offence punishable under Sections 8(b),

                   18, 29 of the N.D.P.S. Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 30.04.2025 in Cr. Misc. No. 23920 of 2025, which

                   reads as follows:-

                                              Heard the learned counsel for the petitioner
                                 and learned APP for the State.
                                              2. The petitioner seeks regular bail in
                                 connection with Barachatti P.S. Case No. 152 of 2022
                                 registered for the offence under Sections 8(b), 18, 29 of
                                 the NDPS Act.
                                              3. The petitioner has been found cultivating
              Patna High Court CR. MISC. No.86371 of 2025(2) dt.31-01-2026
                                                          2/2




                                     opium. The petitioner is in custody since 18.10.2024 and
                                     has three criminal antecedents of N.D.P.S. Act.
                                                  4. Considering the aforesaid facts and
                                     circumstances, I am not inclined to grant bail to the
                                     petitioner. Accordingly, this application for regular bail is
                                     hereby rejected.


                                     4. Learned counsel for the petitioner submits that

                        though the charges have been framed, therefore, the petitioner

                        may be granted bail.

                                     5. Considering the fact that trial has started and the

                        fact that petitioner has got three criminal antecedents of similar

                        nature, I am not inclined to grant bail to the petitioner.

                        Accordingly, this application for regular bail stands rejected.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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