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Patna High CourtCR. MISC./41979/2026allowed

Shankar Kumar Manjhi v. The State Of Bihar

2026-06-29Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41979 of 2026 Arising Out of PS. Case No.-33 Year-2026 Thana- Basmatia District- Araria ====================================================== Shankar Kumar Manjhi S/O Madhusudan Manjhi Resident Of Village- Ward No. 4, Duhabi, Police Station- Duhabi, District- Sunsari, Nepal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 8(c) and 21(b) of the N.D.P.S. Act.

3. The case of the prosecution, in short is that from the possession of this petitioner, altogether 26 grams of smack like contraband was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of this petitioner. It has further been submitted that the witnesses of the seizure list are police personnel. Police has

Patna High Court CR. MISC. No.41979 of 2026(2) dt.29-06-2026 2/2 not complied Section 105 of the B.N.S.S. while making the seizure. It has also been submitted that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 22.04.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Basmatiya P.S. Case No. 33 of 2026 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 Sessions Judgecum-Special Judge, NDPS Act, Araria. (Ashok Kumar Pandey, J) lata/- U T