Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48364 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- JOGSAR District- Bhagalpur ====================================================== Manish Kumar son of Jagdish Yadav R/o Vill- Sakhichand Ghat, P.S.- Jogsar, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh, Adv.
For the Opposite Party/s :
Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Jogsar P.S. Case No. 87 of 2025, dated 14.04.2025, registered for the offences punishable under Sections 8(c), 21(b), 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act").
3. It is alleged that 9.70 grams of brown sugar-like substance were recovered from a house jointly occupied by the petitioner and co-accused, Manoj Kumar who are full brothers.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the quantity of the alleged
Patna High Court CR. MISC. No.48364 of 2025(2) dt.30-07-2025 2/3 contraband is above the small quantity but below the commercial quantity as per the Schedule of the N.D.P.S. Act. It is also contended that co-accused Manoj Kumar has already been granted bail by a Co-ordinate Bench of this Court vide order dated 02.07.2025 passed in Cr. Misc. No. 40039 of 2025. The petitioner is stated to have one previous criminal case, i.e., Tilkamanjhi P.S. Case No. 88 of 2024, under Sections 21/22 NDPS Act and Sections 18/27 of the Drugs and Cosmetics Act.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for bail and submitted that the petitioner is a named accused in the FIR. During the raid conducted by the police, both the petitioner and co-accused Manoj Kumar were apprehended, and brown sugar and other incriminating materials were recovered from the house in their presence. The recovered substance is above the prescribed limit for small quantity, and the seizure list corroborates the recovery. The petitioner has a criminal history of similar offences, reflecting his antecedents.
6. Regard being had to the facts and circumstances of the case, the nature and gravity of the allegation, the quantum of recovery as well as the criminal antecedent of the petitioner, I am not inclined to grant regular bail to the petitioner at this
Patna High Court CR. MISC. No.48364 of 2025(2) dt.30-07-2025 3/3 stage.
7. Accordingly, the bail application stands rejected. (Khatim Reza, J) shyambihari/- U T