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Patna High Court

Manjeet Kumar @ Manjit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to strict conditions.

Summary

Manjeet Kumar sought anticipatory bail in a case under Section 21(c) of the NDPS Act after 20 bottles of Ofrex containing codeine phosphate were recovered from his residence. He claimed a clean antecedent and alleged false implication based on a co‑accused’s statement, contending that the mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with and that the seized quantity was below the commercial threshold, thus no embargo under Section 37 applied. The prosecution opposed the bail. The High Court, applying Section 438(2) of the CrPC, granted anticipatory bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The order directed that bail could be cancelled if conditions were breached.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in an NDPS case where the seized contraband is below commercial quantity.
  • Whether the non‑compliance of mandatory provisions of Sections 42 and 50 NDPS Act negates the operation of Section 37 embargo.
  • Whether the petitioner’s alleged false implication and clean antecedent affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • codeine phosphate
  • commercial quantity
  • Section 438 CrPC
  • Section 21(c) NDPS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89030 of 2025
                     Arising Out of PS. Case No.-227 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Manjeet Kumar @ Manjit Kumar S/o Late Rajnandan Mandal Resident Of
                 Village- Kihbarwa, P.S.- Sonbarsa, District- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                      Heard Mr. Alok Kumar Jha, learned counsel for the

                   petitioner and Mr. Jai Narain Thakur, learned Additional Public

                   Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Sonbarsa P.S. Case No. 227 of 2025, F.I.R.

                   dated 29.07.2025 for the offences punishable under Section

                   21(c) of the NDPS Act.

                               3.     Recovery is of 20 bottles of Ofrex containing

                   codeine phosphate which is approximately 2 liters.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case on the basis of the disclosure

                   made by the apprehended co-accused, namely, Manjeet Kumar.

                   The prosecution searched the house of the petitioner where 20
Patna High Court CR. MISC. No.89030 of 2025(2) dt.12-01-2026
                                            2/3




          bottles of Ofrex containing codeine phosphate which is

          approximately 2 liters are recovered. He further submits that

          there is non-compliance of the mandatory provision of Sections

          42 and 50 of the N.D.P.S. Act and it appears that the recovered

          contraband is less than the commercial quantity. Hence, there is

          no embargo under Section 37 of the N.D.P.S. Act for grant of

          anticipatory bail to the petitioner.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, in the event of his arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, 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

          Special Judge, Sonbarsa, Sitamarhi in connection with Sonbarsa

          P.S. Case No. 227 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Code of Criminal Procedure

          and with other following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and
            Patna High Court CR. MISC. No.89030 of 2025(2) dt.12-01-2026
                                                        3/3




                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the 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.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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