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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                                 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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