Patna High Court
Manish Kumar @ Manish @ Videsh @ Videsh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Manish Kumar was arrested in connection with the recovery of 16.66 kg of poppy straw (doda) from platform No.1 of Gaya Ji railway station. The prosecution alleged that he was involved in the offence punishable under Sections 8 and 20(b)(ii)(B) of the NDPS Act. The petitioner contended that no contraband was found in his possession and that he was merely standing near the toilet when the seizure was made, emphasizing his clean antecedents and that he had been in judicial custody since 2 September 2025. The State opposed the bail application. Considering the circumstances, the Court found merit in the petitioner's claim and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sessions Judge-cum-Special Judge, NDPS Act, Gaya.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for the alleged offence under Sections 8 and 20(b)(ii)(B).
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug trafficking
- possession
- regular bail
- poppy straw
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87253 of 2025
Arising Out of PS. Case No.-260 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Manish Kumar @ Manish @ Videsh @ Videsh Kumar Son of Mangal Ram
Resident of Mohalla - Gita Colony, Ward No. 27, Police Station - Kertha,
District - Alwar, District - Rajasthan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8 & 20(b)(ii)
(B) of the NDPS Act.
3. The case of the prosecution, in short, is that from
Gaya Ji railway station from platform no.1, from two bags
altogether 16.66 kg of Doda (Poppy Straw) was recovered.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of this petitioner
and from perusal of the seizure list it will transpire that the place
from where recovery is made in near toilet of platform no.1 of
Gaya Ji railway station. As the petitioner was standing there, he
has been framed in this case. It has further been submitted that the
Patna High Court CR. MISC. No.87253 of 2025(2) dt.05-01-2026
2/2
amount of contraband which has been recovered is though more
than small quantity but is much less than the commercial quantity.
Learned counsel for the petitioner has submitted that the petitioner
is a man of clean antecedent and is in judicial custody since
02.09.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Rail Gaya P.S. Case No. 260 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Sessions Judge-cum-Special Judge, NDPS Act, Gaya Ji.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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