Supreme Court sets aside bail rejection order by Justice Nawneet Kumar Pandey in a NDPS case involving recovery of 1.025 kg charas from co-accused

In Manish Yadav vs.The State of Bihar (2025), Supreme Court's Division Bench Justices Manoj Misra and Joymalya Bagchi passed a 4-page order dated November 20, 2025, wherein, it allowed the appeal. The order reads: "The order passed by the High Court rejecting the regular bail prayer of the appellant in connection with Case No. 820 of 2023 is set aside. The appellant shall be released on bail on such terms and conditions as the trial court may deem fit to impose in the facts and circumstances of the case."

The criminal appeal had arisen from an order dated May 15, 2025 passed by Justice Nawneet Kumar Pandey of Patna High Court which had rejected the regular bail prayer of the appellant in connection with a NDPS case at P.S. Motihari Town, East Champaran.

The appellant's counsel submitted that nothing incriminating was recovered from the appellant and his complicity came to light only on the basis of confessional statement of the co-accused. It was submitted that he was also been implicated in one similar case wherein he was released on bail. The counsel for the respondent opposed the bail prayer but could not demonstrate as to whether anything incriminating was recovered from the appellant.

Supreme Court observed: "6. In such circumstances, having regard to the nature of allegations qua the appellant, without expressing any opinion on the merits of the case, we deem it appropriate to allow this appeal and direct release of the appellant on bail pending trial." 

In Manish Yadav vs.The State of Bihar (2025), Justice Pandey of High Court had passed a 2-page long order dated May 15, 2025, wherein, he refused the bail considering the facts and circumstances as well as the gravity of the allegation, saying, "I do not think it to be a fit case for bail, which is hereby rejected."

The petitioner had approached the High Court seeking regular bail for the offences punishable under Sections 420, 468, 471, 465, 483/34 of the Indian Penal Code and Sections 8/20(b)(ii)(c), 25, 29 of the NDPS Act. It was alleged that 1.025 kg of charas was recovered from the possession of co-accused Avinash Yadav @ Abu Yadav. During interrogation, he disclosed the name of the petitioner as his associate, who was the pillion rider and managed to flee away. The counsel for the petitioner submitted that that the petitioner is innocent and falsely been implicated in this case. He also further submitted that his name figured in confessional statement of co-accused Avinash Yadav @ Abu Yadav, who was arrested at the spot and from his possession 1.025 kg of charas was recovered. The petitioner was under custody since August 8, 2024. The APP for the State had opposed the prayer for bail and submitted that the petitioner was also accompanying co-accused Avinash Yadav @ Abu Yadav from whose possession, the alleged contraband in commercial quantity was recovered. The petitioner had a criminal antecedent of similar nature.