Sheikh Munna @ Shekh Munna Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

Sheikh Munna @ Shekh Munna Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge (N.D.P.S.), West Champaran at Bettiah/concerned Court, subject to Section 480(3) BNSS conditions and: (i) one bailor to be a close relative; (ii) presence on each date fixed by the court below; (iii) bail bond liable to cancellation on absence on three consecutive dates or violation of bail terms.

Issue for consideration

Whether the petitioner, in custody in connection with Shikarpur P.S. Case No. 422 of 2025 registered for offences under Sections 8 & 20(b)(ii)(B) of the N.D.P.S. Act, should be released on bail.

Court's answer

The Court directed that the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge (N.D.P.S.), West Champaran at Bettiah, subject to the conditions in Section 480(3) BNSS and three further conditions (close-relative bailor; attendance on every fixed date; bail bond cancellable on absence on three consecutive dates or violation of terms).

Ratio / Principle

Bail was granted having regard to the facts and circumstances, the submissions of the parties, the period of custody of the petitioner and the submission of the charge sheet.

Detailed headnote1 paragraphs

BAIL GRANTED — NDPS CASE: The Patna High Court (Arun Kumar Jha, J., 21-01-2026) allowed bail to the petitioner in Shikarpur P.S. Case No. 422 of 2025 (West Champaran), registered under Sections 8 & 20(b)(ii)(B) of the N.D.P.S. Act, arising from an alleged recovery of 10 kgs of Ganja from a bag tied on his motorcycle. Counsel submitted the petitioner was falsely implicated, acted under instructions of co-accused Deva Mahto who gave him the article and motorcycle, had three antecedent cases in all of which he was on bail, had been in custody since 20.04.2025, and that the charge sheet stood submitted; the APP opposed, stating he was caught red-handed. Considering the period of custody and submission of the charge sheet, the Court directed release on bail on a bond of Rs. 10,000/- with two like sureties, subject to Section 480(3) of the B.N.S.S. and conditions requiring a close-relative bailor, attendance on every date, and cancellation of the bond for absence on three consecutive dates or breach of terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75775 of 2025

Arising Out of PS. Case No.-422 Year-2025 Thana- SIKARPUR District- West Champaran

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

Sheikh Munna @ Shekh Munna Son of Sheikh Mustaque Resident of VillageTajpur Siswa, PS- Bhangaha, Dist- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Shashank Chandra, Advocate For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 21-01-2026

Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Shikarpur P.S. Case No. 422 of 2025 registered for the alleged offences under Sections 8 & 20(b)(ii)(B) of N.D.P.S. Act.

As per prosecution case, recovery of 10 kgs of Ganja was made from a bag tied on the motorcycle of the petitioner.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and petitioner was not knowing about the nature of article given to him by coaccused Deva Mahto for handing it over to another person.

Patna High Court CR. MISC. No.75775 of 2025(3) dt.21-01-2026 2/3

Since the petitioner has been working under co-accused Deva Mahto, he only obeyed his instruction. Even the motorcycle was handed to him by co-accused Deva Mahto and while the petitioner was going on the motorcycle, he was apprehended by the police. The petitioner is having criminal antecedent of three cases of different nature and he is on bail in all the cases. The petitioner is in custody since 20.04.2025 and charge sheet has been submitted.

Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner was caught red handed and recovery of 10 kgs of Ganja was made from the motorcycle which he was driving.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (N.D.P.S.), West Champaran at Bettiah/concerned Court in connection with Shikarpur P.S. Case No. 422 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

Patna High Court CR. MISC. No.75775 of 2025(3) dt.21-01-2026 3/3

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)

DKS/-

U T