Manoj Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45742 of 2026 Arising Out of PS. Case No.-22 Year-2026 Thana- TRIVENIGANJ District- Supaul ====================================================== Manoj Sardar S/o Soganand Sardar @ Sognand Sardar R/o Village - Shivnagar, Ward No. 9, P.S - Triveniganj, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in NDPS Case No. 12 of 2026, Triveniganj P.S. Case No. 22 of 2026 instituted for the offences under Sections 21(c), 22(c), 25, 29 of the NDPS Act.

3. Prosecution allegation, in short, is that total 255.880 litres of codeine containing cough syrup has been recovered in this case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 11.01.2026 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He further

Patna High Court CR. MISC. No.45742 of 2026(2) dt.14-07-2026 2/3 submits nothing has been recovered from the conscious possession of the petitioner, rather the recovery has been made from the house. Learned counsel further submits the co-accused, namely, Bajrang Kumar has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 07.05.2026 passed in Cr. Misc. No. 31776 of 2026.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the alleged recovery has been made from the house of the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act. Learned A.P.P. has further relied upon a case of Hon'ble Supreme Court since reported in (2020) 20 SCC 272 (Hira Singh and Another versus Union of India and Another) in which the Hon'ble Apex Court held that in case of seizure of mixture of narcotic drugs or psychotropic substance with one or more neutral substance(s), the quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with actual content by way of offending drug while determining the "small or commercial quantity" of narcotic drugs or psychotropic substance.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.45742 of 2026(2) dt.14-07-2026 3/3 of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected.

8. Learned Trial Court is directed to conclude the trial in expeditious manner without any undue delay and unnecessary adjournment.

(Rudra Prakash Mishra, J) Alok Verma/- U T