Manish Kumar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-22873-2026 Date of Decision: 01.07.2026 MANISH KUMAR

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH ****

Present:

Mr. Jasjeet Singh Virk, Advocate for the petitioner. Mr. Vinay Malhotra, DAG, Punjab.

SANJAY VASHISTH , J. (ORAL) 1.

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No.

Date Section(s) Police Station District Manish Kumar 446 01.11.2025 S. 21(b), 27-A of NDPS Act and S.29 of NDPS Act, added later on City Faridkot Faridkot 2.

As per the allegations in the FIR, on suspicion, the main accused namely- Gurvinderpal Singh, who was on foot, was apprehended. Upon conducting his search, an amount of Rs.30,000/- and a transparent polythene envelope containing 15 grams of heroin were recovered from the

CRM-M-22873-2026 -2pocket of his lower (pant). 3.

After his arrest, during interrogation, the main accused disclosed the name of the petitioner-Manish Kumar as the supplier of the aforesaid contraband. Upon the arrest of the petitioner-Manish Kumar, 10 grams of heroin were recovered from his possession. 4.

Learned counsel for the petitioner argued that the petitioner has been in custody since 01.11.2025 in connection with the alleged offence. He further submits that the quantity recovered from the possession of the petitioner is only marginally above the small quantity and that the petitioner has already undergone a sufficient period of incarceration. Thus, in the given facts & circumstances, learned counsel seeks concession of regular bail to the petitioner.

5.

On the other hand, learned State counsel has filed the custody certificate dated 30.06.2026, in Court today, which is taken on record. Office to tag the same at appropriate place.

A copy thereof has been handed over to the counsel for the petitioner.

6.

Learned State counsel argued that although the petitioner was nominated on the basis of the disclosure statement of the main accused, upon his arrest, recovery of 10 grams of heroin was effected from his possession. He further submits that petitioner has no clear antecedents and found involved in two other criminal cases. Thus, not be granted the concession of regular bail.

7.

Having heard the learned counsel for both the parties. This Court finds that the quantity recovered from the petitioner is marginally

CRM-M-22873-2026 -3above the small quantity. Thus, undisputedly, the petitioner is not involved in any other case punishable under the NDPS Act. The petitioner has remained in custody for a period of 07 months 28 days. Investigation stands completed and therefore, no useful purpose would be served by keeping the petitioner behind bars for an indefinite period, particularly when the allegations levelled against him are yet to be established during the course of trial.

8.

Accordingly, without commenting upon the merits of the case and taking into consideration the overall facts and circumstances, this Court deems it appropriate to grant concession of regular bail to the petitioner. 9.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

10.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

11.

The observation made here-in-above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record.

12.

It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled.

CRM-M-22873-2026 -413.

Petition stands disposed of.

Misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE July 01, 2026 Nisha-1 Whether speaking/reasoned Yes/No Whether reportable Yes/No