Patna High Court
Manjeet Kumar @ Manjit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 37, 42, 50
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
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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
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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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