Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners, finding insufficient material to justify continued detention.
Summary
Mantu Kumar and Golu Kumar were arrested in connection with a case alleging possession of 385 ganja plants under Section 20(a)(i) of the NDPS Act. The petitioners contended that they were falsely implicated, had no control over the land where the plants were found, and that mere recovery of plants without proof of conscious cultivation does not constitute an offence. They also argued that the prosecution had not complied with Sections 42 and 50 of the NDPS Act and that they have no prior criminal record. The State opposed bail, but the Court, considering the lack of incriminating material and the period of custody, granted bail subject to a bond of Rs. 15,000 each and specific conditions. The bail order includes requirements for sureties, appearance at trial, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether bail should be granted in an NDPS case where only ganja plants were recovered without proof of conscious cultivation or control.
- Whether the prosecution complied with the procedural requirements of Sections 42 and 50 of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(a)(i), 42, 50
Subjects
- bail
- NDPS Act
- possession of cannabis
- Section 20
- Section 42
- Section 50
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91816 of 2025
Arising Out of PS. Case No.-824 Year-2025 Thana- MASAUDHI District- Patna
======================================================
1. Mantu Kumar Son of Shekhar Prasad R/o Bardoi, P.S. - Lahsuna, Dist. -
Patna, Bihar.
2. Golu Kumar Son of Bindeshwar Yadav R/o Bardoi, P.S. - Lahsuna, Dist. -
Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
Mr. Saroj Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 23-02-2026 Heard learned senior counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Masaurhi P.S. Case No. 824 of 2025 instituted for the offences
under Sections 20(a)(i) of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 385 pieces of
ganja plants have been recovered in this case.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioners are in
custody since 15.10.2025 and have no criminal antecedent.
Patna High Court CR. MISC. No.91816 of 2025(3) dt.23-02-2026
2/3
There is no allegation of tampering of witnesses alleged against
the petitioners. Learned counsel further submitted that
petitioners never planted the said ganja plants and nor the land
from where the alleged plants were recovered belongs to the
petitioners. Learned counsel further contended that mere recover
of ganja plants, which may grow naturally, without proof of
conscious cultivation or control over the land, is insufficient to
constitute an offence under the NDPS Act. No incriminating
material has been recovered from the conscious possession of
the petitioners. There is no compliance of Section 42 and 50 of
the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Masaurhi P.S. Case
No. 824 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioners’ own or a
Patna High Court CR. MISC. No.91816 of 2025(3) dt.23-02-2026
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close family member.
(II) The petitioners shall appear on each and every
date fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioners shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The petitioners shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioners.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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