Patna High Court
Praveen Kumar @ Praveen Kumar ManjhiversusThe Union of India through the Secretary, Ministry of Home,Narcotic Drugs Control Bureau,New Delhi
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner with conditions.
Summary
The petitioner, a 19‑year‑old who was assisting his father in a grocery shop, was arrested in connection with a raid that recovered 74.60 grams of ganja, ten tablets of nitrazepam and four bottles of cough syrup. He applied for bail, contending that he was unaware of the contraband, that the quantity fell below the 'small quantity' threshold under the NDPS Act, and that he had a clean antecedent. The prosecution opposed bail, invoking the seriousness of the offences under Sections 8(C), 21(A), 22(A) and 20(b)(ii)(A) of the NDPS Act. The court considered the petitioner’s age, lack of knowledge, the modest quantity, and his clean record, and decided to grant bail subject to a Rs.10,000 bond, two sureties, and several conditions regarding appearance and conduct. The order also stipulated that any observations made would not affect the trial, and directed verification of the petitioner’s antecedent without delaying bail.
Issues considered
- Whether bail should be granted to a person accused under the NDPS Act when the seized quantity is below the statutory 'small quantity' threshold.
- Whether the petitioner’s lack of knowledge and clean antecedent justify bail despite the seriousness of the offences.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(A), 21(A), 22(A), 37, 8(C)
Subjects
- bail
- NDPS Act
- small quantity
- narcotic drugs
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86978 of 2025
Arising Out of PS. Case No.-126 Year-2025 Thana- CHORAUT District- Sitamarhi
======================================================
Praveen Kumar @ Praveen Kumar Manjhi S/o- Shyam Manjhi @ Shyam
Manghi Resident of Village and Post- Yadupatti PS- Chorout, Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Home,Narcotic Drugs
Control Bureau,New Delhi New Delhi
2. The State of Bihar through the Dept. of Narcotic Drugs Control Bureau,
Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar, Advocate
For the UOI : Mr. K.N.Singh, ASG
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 This case has been taken for an out-of-turn hearing on
the request of the learned counsel for the petitioner, stating
therein that the father of the petitioner had died during the
pendency of this application.
2. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
3. Petitioner, who is in custody, seeks bail in
connection with Chorout P.S. Case No. 126 of 2025 registered
for the offences punishable under Sections 8(C), 21(A), 22(A)
and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
4. As per the prosecution case, the police, on a tip of
Patna High Court CR. MISC. No.86978 of 2025(2) dt.08-01-2026
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certain narcotic had been kept in a shop, conducted a raid and
apprehended the petitioner and total 74.60 grams of ganja along
with 10 tablets of Nitrazepam 10 mg and four bottles of cough
syrup were recovered.
5. Learned counsel for the petitioner submits that the
petitioner is a nineteen years old boy and he was helping his
father in a grocery shop and was not aware of the contents kept
in the shop. It has next been submitted that even taking the
quantity at its face value, the same falls below the small quantity
and hence the rigour of Section 37 of NDPS Act is not
applicable in the present case. It has lastly been submitted that
the petitioner carries clean antecedent and he is in custody since
11.10.2025.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Chorout P.S. Case No. 126 of 2025, subject to
the following conditions:-
(i) One of the bailors of the petitioner shall
Patna High Court CR. MISC. No.86978 of 2025(2) dt.08-01-2026
3/3
be his close relative and the other shall be local
resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by
the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However,
the acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
8. Accordingly, the prayer for bail is allowed.
9. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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