Patna High Court
Jitendra ManjhiversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 18, 29, 8(b)
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
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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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