Patna High Court
Indradeo MadalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Indradeo Madal, sought regular bail in a case under Sections 8, 20(b)(ii)B, 25 and 29 of the NDPS Act where 9.9 kg of ganja was seized from a trolley bag. The petitioner argued that the contraband was not in his possession, the police failed to comply with Section 105 of the BNSS during seizure, and he had no prior criminal record, having been in judicial custody since 9 October 2025. The State opposed bail, citing the seriousness of the offence and the quantity seized. The court examined the procedural lapse in seizure, the quantity being more than a small amount but less than commercial quantity, and the petitioner’s clean antecedent. Considering these factors, the court granted bail on a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether regular bail can be granted under the NDPS Act for offences under Sections 8, 20(b)(ii)B, 25 and 29.
- Whether the seizure complied with Section 105 of the BNSS and its impact on bail eligibility.
- Whether the quantity of narcotic seized warrants denial of bail.
- Whether the petitioner’s lack of criminal antecedent influences the bail decision.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 25, 29, 8
Subjects
- bail
- NDPS Act
- drug seizure
- Section 105 BNSS
- quantity of narcotics
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10588 of 2026
Arising Out of PS. Case No.-340 Year-2025 Thana- NAUGACHIA District- Bhagalpur
======================================================
Indradeo Madal S/o- Jharni Mandal Resident of village-Chhoti Parbatta , PS-
Ismailpur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8, 20(b)
(ii)B, 25 and 29 of the NDPS Act.
3. The case of the prosecution, in short, is that from a
trolley bag altogether 9.9 kg of ganja was recovered.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of the
petitioner. The witnesses of the seizure are police personnel and
police has not complied Section 105 of the BNSS while making
seizure. On being asked the petitioner disclosed to the police
that the contraband was handed over to him by one Ghanshyam
Mandal. It has further been submitted that though the alleged
Patna High Court CR. MISC. No.10588 of 2026(2) dt.23-02-2026
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recovery of contraband is though more than small quantity but is
much less than the commercial quantity. Learned counsel for the
petitioner has submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 09.10.2025.
5. Learned APP for the State has vehemently opposed
the bail.
6. 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 released on bail in connection with
Naugachia P.S. Case No. 340 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned court of Principal Sessions
Judge, Bhagalpur.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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