Patna High Court
Arjun Mandal @ Arjun Kumar Mandal @ Bikky MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with a condition for possible cancellation if a criminal antecedent is later discovered.
Summary
Arjun Mandal was arrested in connection with a case alleging possession of 50 bottles of codeine‑containing cough syrup and charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the NDPS Act, 1985. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and highlighted his status as a young student with no prior criminal record, having been in custody since 10‑12‑2025. The State opposed the bail application. After hearing both sides, the court considered the seriousness of the allegations, the petitioner’s clean antecedent, and the length of his detention, and ordered that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to a condition that bail may be cancelled if a criminal antecedent later emerges. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether regular bail should be granted to the petitioner under the charges of the Bharatiya Nyaya Sanhita and NDPS Act.
- Whether the petitioner’s lack of criminal antecedent and the absence of incriminating material in his possession justify bail.
- Whether the period of custody since 10‑12‑2025 warrants continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 121(2), 122(2), 3(5)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- regular bail
- criminal procedure
- codeine
- NDPS Act
- Bharatiya Nyaya Sanhita
- suspects
- student
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11193 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- MADHEPUR District- Madhubani
======================================================
Arjun Mandal @ Arjun Kumar Mandal @ Bikky Mandal Son of Shree Arun
Mandal Resident of Village - Madhepur, P.S. - Madhepur, District -
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Madhepur P.S. Case no.
228 of 2025 registered under sections 115(2), 118(1), 121(2),
122(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
3. As per the prosecution case, while one accused
managed to escape, the petitioner was caught with 50 bottles of
cough syrup of 100 ml each containing codeine.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case only on the basis of
suspicion. No incriminating article has been recovered from the
Patna High Court CR. MISC. No.11193 of 2026(2) dt.25-02-2026
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petitioner’s possession. The petitioner is a young student preparing
for various competitive examinations. He is in custody since
10.12.2025 and has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the petitioner being in custody since 10.12.2025 and
specially not having any criminal antecedent, the Court directs the
petitioner to be enlarged on bail in connection with Madhepur P.S.
Case no. 228 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Principal Sessions Judge, Madhubani
on the following condition:
(i) If it subsequently transpires that the petitioner had
a criminal antecedent, the prosecution will be at liberty to move
this Court for cancellation of bail of the petitioner.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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