Patna High Court
Manoj Kumar Jha @ Manoj JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted as charges were not framed and the trial was unduly delayed, subject to strict conditions.
Summary
Manoj Kumar Jha was arrested in connection with a case under Section 21(c) of the NDPS Act for possession of several banned medicines. He had been in jail since 20‑11‑2024 and the charges had not yet been framed, causing a delay in trial. The petitioner applied for bail, arguing that the prolonged detention without framing of charges violated his right to a speedy trial. The High Court considered the delay and the absence of framed charges and allowed the bail application, imposing a bail bond of Rs.10,000 with two sureties and specific conditions of appearance before the police and cooperation with the trial court. The bail was granted subject to cancellation if conditions were breached.
Issues considered
- Whether bail can be granted when charges under the NDPS Act have not been framed and the trial is delayed?
- Whether the nature of the alleged offence (possession of banned medicines) precludes bail?
Legislation cited
Subjects
- bail
- NDPS Act
- delay in trial
- charge framing
- possession of banned medicines
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91462 of 2025
Arising Out of PS. Case No.-550 Year-2024 Thana- SURSAND District- Sitamarhi
======================================================
Manoj Kumar Jha @ Manoj Jha S/O Harsh Narain Jha Resident of Village-
Srikhandi Bhitha, P.S.- Sursand, Distt- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt of the in connection
with Sursand P.S. Case No. 550 of 2024 registered for the
offence under Section 21© of the NDPS Act.
3. The following banned medicines have been
recovered from the possession of the petitioner:-
I. Exiplon syrup 26 pieces
II.Spasmoproxivon plus tablets 40 Pieces
III. Tazowin injection 90 pieces
IV. Traispas capsules 144 pieces
V. Doctor plus 09 pieces
4. The petitioner is in jail since 20.11.2024 and it
has been submitted by the learned counsel for the petitioner that
in this case, charges have not been framed yet and the trial of
the petitioner is being delayed.
5. Considering the aforesaid facts, this application
is allowed.
Patna High Court CR. MISC. No.91462 of 2025(2) dt.12-02-2026
2/2
6. 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 concerned Court below in connection with Sursand
P.S. Case No. 550 of 2024, subject to the condition that one of
the bailors should be deponent of this bail application and
another bailor should be close relative of the petitioner.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Sursand Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
8. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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