Created by Fuzzy Cloud

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

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.