Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioner is entitled to bail, subject to a bond of Rs.10,000 with two sureties.
Summary
Manish Kumar was arrested with 14.18 kg of ganja-like substance and charged under Sections 8, 20(b) and IIC of the NDPS Act. The charge‑sheet was filed on 14‑11‑2025 without a forensic laboratory report, and the sample was sent for analysis after more than two months. The petitioner, who has no prior criminal record, applied for bail, arguing that the quantity is intermediate and that procedural lapses exist. The State opposed the bail. Considering the intermediate quantity, the absence of a forensic report at the time of filing, and the petitioner’s clean record, the court granted bail on condition of a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act for possession of 14.18 kg of ganja‑like substance
- Whether the filing of the charge‑sheet without a forensic laboratory report affects the grant of bail
- Whether the quantity involved qualifies as an intermediate quantity under the NDPS Act
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 8, IIC
Subjects
- bail
- NDPS Act
- intermediate quantity
- procedural lapse
- forensic report
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9969 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Manish Kumar Son of Late Binod Mehta @ Vinod Mahta @ Vinod Mahto
Resident of Village- Sajawalpur, P.S.- Sakra, District- Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
N.D.P.S. Case No. 90 of 2025 arising out of Gaya Rail P.S. Case
No. 279 of 2025, registered for the offence under Sections 8,
20(B), IIC of the N.D.P.S. Act.
3. As per the allegation, total amount of 14.18
kilogram of ganza like substance was recovered from the trolley
bag, which the petitioner was carrying.
4. Learned counsel appearing for the petitioner
submits that the alleged recovery is the intermediary quantity,
moreover the charge-sheet was filed on 14.11.2025 without FSL
report and the sample was sent to FSL after more than two
months and the petitioner is in custody since 19.09.2025 having
no criminal antecedents.
Patna High Court CR. MISC. No.9969 of 2026(4) dt.01-04-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the, above named, petitioner 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 learned
District and Additional Sessions Judge-IV, Gayaji, in connection
with N.D.P.S. Case No. 90 of 2025 arising out of Gaya Rail P.S.
Case No. 279 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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