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Monu Kumar @ Prashant Kumar Vs The state of Bihar — Narcotics (NDPS) | Patna HC (2025)

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Patna HC
2025
Monu Kumar @ Prashant Kumar Vs The state of BiharMonu Kumar @ Prashant Kumar v. The state of Bihar

Allowed¶¶17

Monu Kumar @ Prashant Kumar v. The state of Bihar

Patna HC8 Aug 2025CR. MISC./48280/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No. 48280 of 2025 (decided 08-08-2025): Monu Kumar @ Prashant Kumar v. The State of Bihar; bail application under NDPS Act Sections 8(c), 21(b), 25, 29 arising from Mahua P.S. Case No. 518 of 2025, District Vaishali; alleged recovery of 42.87 grams Heroin; counsel argued quantity above small but below commercial quantity and no criminal antecedent; custody since 02.05.2025; outcome - bail allowed with bond of Rs. 10,000/- plus two sureties of like amount before Principal District & Sessions Judge, Vaishali at Hajipur; bench: Hon'ble Mr. Justice Ashok Kumar Pandey.

What did the court decide?

Petitioner enlarged on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Principal District & Sessions Judge, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 518 of 2025.

Why is it important?

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail, and directed his enlargement on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Principal District & Sessions Judge, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 518 of 2025. ¶¶17

What the court decided

AI extract

Outcome

Petitioner enlarged on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Principal District & Sessions Judge, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 518 of 2025.

Issue for consideration

Whether the petitioner should be enlarged on bail in connection with Mahua P.S. Case No. 518 of 2025, registered for offences under Sections 8(c), 21(b), 25, 29 of the NDPS Act (alleged recovery of 42.87 grams heroin).

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail, and directed his enlargement on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Principal District & Sessions Judge, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 518 of 2025.

Detailed headnote1 paragraphs

NDPS bail granted: Applicant in Mahua P.S. Case No. 518 of 2025 (Vaishali), registered under Sections 8(c), 21(b), 25, 29 of the NDPS Act, in judicial custody since 02.05.2025 on the prosecution's allegation of recovery of 42.87 grams Heroin from his possession. Counsel contended the quantity exceeds small but is far below commercial quantity, and that the petitioner (a government employee, allegedly falsely implicated) has no criminal antecedent. Considering the facts and circumstances, the Court enlarged the petitioner on bail on a bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Principal District & Sessions Judge, Vaishali at Hajipur. (Ashok Kumar Pandey, J., oral order dated 08-08-2025.)

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48280 of 2025

Arising Out of PS. Case No.-518 Year-2025 Thana- MAHUA District- Vaishali

======================================================

Monu Kumar @ Prashant Kumar S/o Late Raj Kumar Chaudhary @ Late Ram Kumar Chaudhary Resident of village and P.S.- Maniyari, DistrictMuzaffarpur and Permanent resident of village- Dighra Vishunpur, Police Station- Sadar, District- Muzaffarpur

... ... Petitioner/s

Versus

The state of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv.. For the Opposite Party/s : Mr. Ahmad Ali, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 08-08-2025

Heard Mr. Sanjay Kumar, learned counsel for the petitioner and Mr. Ahmad Ali, learned APP for the State.

The petitioner has prayed for bail in connection with Mahua P.S. Case No. 518 of 2025 registered for the offence punishable under Sections 8(c), 21(b), 25, 29 of the NDPS Act.

The case of the prosecution is that altogether 42.87 grams Heroin was recovered from the possession of this petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner is a government employee and he has been framed in this case. He next submits

Patna High Court CR. MISC. No.48280 of 2025(2) dt.08-08-2025 2/2

that the amount of contraband which has been recovered from the possession of this petitioner is more than small quantity but is much less than commercial quantity. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 02.05.2025.

The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Principal District & Sessions Judge, Vaishali at Hajipur in connection with Mahua P.S. Case No. 518 of 2025.

(Ashok Kumar Pandey, J)

Sudhanshu/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner should be enlarged on bail in connection with Mahua P.S. Case No. 518 of 2025, registered for offences under Sections 8(c), 21(b), 25, 29 of the NDPS Act (alleged recovery of 42.87 grams heroin).¶¶11
The court held
Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail, and directed his enlargement on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Principal District & Sessions Judge, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 518 of 2025.ratio¶¶17

Statutes considered

4 provisions across 1 enactments

AI extract

NDPS Act8(c)¶¶11 21(b)¶¶11 25¶¶11 29¶¶11

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of Mahua P.S. Case No. 518 of 2025 (Thana Mahua, District Vaishali) for offences punishable under Sections 8(c), 21(b), 25, 29 of the NDPS Act.¶¶11
Prior proceeding
Alleged recovery by prosecution: altogether 42.87 grams Heroin recovered from the petitioner's possession.¶¶12
Prior proceeding
Petitioner in judicial custody since 02.05.2025.¶¶15

Parties & counsel

AI extract

petitioner
Monu Kumar @ Prashant Kumar¶¶4
Sanjay Kumar
respondent
The State of Bihar¶¶7
Ahmad Ali

Coram

AI extract

Ashok Kumar Pandeyauthor¶¶8

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 8 Aug 2025 · August
Registered: 11 Jul 2025
Case no.: CR. MISC./48280/2025
CNR: BRHC010664782025
Topic: Narcotics (NDPS)
Bench: Ashok Kumar Pandey
Disposal: ALLOWED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Monu Kumar @ Prashant Kumar v. The state of Bihar, CR. MISC./48280/2025 (PAT), decided on 8 August 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

NDPS Act8(c) · 21(b) · 25 · 29

View all statutes

Procedural history3

Registration of Mahua P.S. Case No. 518 of 2025 (Thana Mahua, District Vaishali) for offences punishable under Sections 8(c), 21(b), 25, 29 of the NDPS Act.
Alleged recovery by prosecution: altogether 42.87 grams Heroin recovered from the petitioner's possession.

View full history

Bench / Coram

Ashok Kumar Pandey

Parties & counsel