B.A./8727/2026 of MANTU KKUMAR PASWAN @ MANTU KUMAR PASWAN Vs THE STATE OF JHARKHAND on 7 October 2026

1. The instant bail application has been filed under Section 483 and 484 of the B.N.S.S., 2023 for release of the petitioner on regular bail, in connection with NDPS Case No.17 of 2020 arising out of Sadar P.S. Case No.89 of 2019 registered for the offence under Section 18, 21, 25(A) and 27 of the NDPS Act, pending in the Court of learned Sessions Judge-cum-Spl. Judge (NDPS), Chatra.

2. It has been contended on behalf of the petitioner that the prayer for regular bail of the petitioner was rejected vide order dated 18.03.2026 passed in B.A. No.1531 of 2026.

3. The prayer is being renewed on the ground of custody, since the petitioner is languishing in judicial custody since 24.10.2025.

4. The additional ground has been taken that the petitioner is having the physical disability to the extent of 80%.

5. It has been submitted that the petitioner suffers from physical disability, being impaired in his left hand as well as one leg, and in support thereof a medical certificate has been appended as Annexure-3 to the bail application.

6. It has been submitted that out of 09 chargesheeted witnesses, 04 have been examined.

7. Therefore, prayer has been made that taking into consideration the period of custody of nearly about one year as also the physical incapacity due to the disability to the extent of 80%, the instant bail application may be allowed.

8. While on the other hand, Mr. Ajay Kumar Pathak, learned Additional Public Prosecutor representing the State, has vehemently opposed the prayer for regular bail.

9. It has been submitted that the prayer for regular bail of the present petitioner has already been rejected on the ground that he has evaded his arrest for six years and it is a case of recovery of 2.500 Kg of wet opium.

10. This Court has heard learned counsel for the parties.

11. This Court is conscious with the fact that the trial is in progress and out of 09 witnesses, 04 witnesses have

been examined, but, considering the physical incapacity due to the disability to the extent of 80%, as would be evident from Annexure-3 appended to the paper book, as also the period of custody since the petitioner is in custody since 24.10.2025, this Court is of the view that the present application is to be allowed.

12. Accordingly, the instant bail application is allowed.

13. In consequence thereof, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Spl. Judge (NDPS), Chatra in connection with NDPS Case No.17 of 2020 arising out of Sadar P.S. Case No.89 of 2019, subject to the condition that the petitioner will appear before the trial court on each and every date and in case of any default, learned trial court will be at liberty to cancel the bail bond.

14. Such restriction is being imposed due to the reason that out of 09 witnesses, 05 witnesses are yet to be examined.

15. The instant bail application stands disposed of.

(Sujit Narayan Prasad, J.) Date : 7th October, 2026 Birendra/