Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was dismissed as there were no fresh grounds to grant bail.
Summary
Manish Kumar was arrested in connection with a case registered under Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8(C), 21(C) and 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. He had been in judicial custody since 7 October 2024 after a prior bail application was rejected on the ground that the seized contraband exceeded commercial quantity. The petitioner again sought bail, contending that he had been detained without reason and that a co‑accused had been granted bail in a similar case. The State opposed the relief, arguing that there were no fresh grounds to revisit the earlier decision. The Court held that no new material justified granting bail, rejected the petition, and directed the lower court to complete the trial within six months, allowing the petitioner to renew his bail plea if the trial is not concluded within that period.
Issues considered
- Whether the petitioner is entitled to bail despite the earlier rejection based on the quantity of contraband.
- Whether the grant of bail to a co‑accused creates a fresh ground for granting bail to the petitioner.
- Whether any new material or change in circumstances warrants a reconsideration of the bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 22(C), 8(C)
Subjects
- bail
- Narcotics
- NDPS Act
- Bharatiya Nyaya Sanhita
- contraband
- trial expedite
- equality before law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91657 of 2025
Arising Out of PS. Case No.-940 Year-2024 Thana- BIHTA District- Patna
======================================================
Manish Kumar S/o Mahendra Ram @ Mahesh Ram R/o vill - Fatehpur, P.S.-
Didarganj, Distt.- Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Madan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Bihta P.S.
Case No. 940 of 2024 instituted for the offences under Section
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8(C), 21
(C) and 22 (C) of the Narcotics Drug and Psychotropic
Substances Act, 1985.
3. Earlier vide order dated 19.08.2025 passed in Cr.
Misc. No. 58310 of 2025, regular bail of the petitioner was
rejected by this Court considering the recovery of contraband
beyond commercial quantity.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 07.10.2024
without any rhymes or reason. Learned counsel for the
Patna High Court CR. MISC. No.91657 of 2025(2) dt.17-01-2026
2/2
petitioner further submits that other co-accused has been granted
bail by this Court vide order dated 05.08.2025 passed in Cr.
Misc. No. 34490 of 2025.
5. Learned APP for the State opposes the prayer for
grant of bail.
6. There is no fresh ground to consider the bail petition
of the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of six months from today. If the trial
is not concluded within the period of six months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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