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Patna High Court

Mandeep KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for regular bail, granting it subject to specified conditions.

Summary

Mandeep Kumar was arrested in Gaya on a complaint that 31.6 kg of poppy husk had been recovered from his possession, leading to charges under Sections 8, 18(c) and 20(b) of the NDPS Act. The petitioner contended that he was falsely implicated, that the seized quantity was below the statutory commercial quantity of 50 kg, and that he had no prior criminal record. The State opposed his request for regular bail. The High Court examined the facts, the low quantity involved, and the petitioner’s clean record, and concluded that bail could be granted subject to strict conditions. Accordingly, the court ordered his release on bail of Rs.10,000 with two sureties and imposed conditions regarding court appearances, surety relations, and non‑tampering with evidence. The application for bail was allowed.

Issues considered

  • Whether regular bail can be granted in an NDPS case where the seized narcotic quantity is below the commercial threshold
  • Whether the petitioner’s claim of innocence and lack of prior record justify bail under the NDPS Act

Legislation cited

Subjects

  • NDPS Act
  • regular bail
  • poppy husk
  • commercial quantity
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.146 of 2026
                     Arising Out of PS. Case No.-228 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
                 ======================================================
                 Mandeep Kumar S/o Ramashis Prasad @ Ramashish Prasad @ Ramshish
                 Prasad @ Ram Ashish Parshad R/o Ramnagar Mandi, Govindgarh, House No.
                 3/9 @ House No. 319, Police Station Govindgarah, District Fatehgarah Sahib,
                 State- Punjab

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Aryan Singh, Advocate
                 For the Opposite Party/s :        Mr.Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in Gaya Rail P.S.

                   Case No. 228 of 2025 dated 30-07-2025 registered under

                   Sections 8, 18(c) and 20(b) and ii C of the NDPS Act.

                                3. The allegation is of recovery of 31.600 Kg of

                   poppy husk (doda) from the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is further submitted that no contraband has been

                   recovered from the conscious possession of the petitioner. It is

                   also submitted that the alleged recovery is much below the

                   commercial quantity; the notified commercial quantity of poppy
Patna High Court CR. MISC. No.146 of 2026(2) dt.15-01-2026
                                            2/3




          husk (doda) being 50 kilograms. The petitioner has been in

          custody since 31.07.2025 and has no criminal antecedents.

                       5. Learned Additional Public Prosecutor for the State

          has opposed the prayer.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned Sessions Judge-cum-

          Special Judge, NDPS Act, Gaya Ji, in connection with Gaya

          Rail P.S. Case No. 228 of 2025 subject to the following

          conditions: (i) that the petitioner shall co-operate in the trial and

          shall be properly represented on each and every date fixed by

          the Court and on his absence on two consecutive dates without

          sufficient reason, his bail bond shall be cancelled by the court

          below, (ii) that one of the bailors will be his own blood relation,

          preferably father, mother, brother, sister and or his wife, (iii) that

          the bailor shall also state on affidavit that he will inform the

          court concerned if the petitioner is made accused in any other

          case of similar nature after his release in the present case and

          thereafter the court below will be at liberty to initiate the

          proceeding for cancellation of bail on ground of misuse (iv) that
           Patna High Court CR. MISC. No.146 of 2026(2) dt.15-01-2026
                                                       3/3




                     if the petitioner tampers with the evidence or the witnesses, in

                     that case, the prosecution will be at liberty to move for

                     cancellation of bail and (v) that the petitioner will appear before

                     the SHO of concerned PS in the first week of each month till the

                     framing of charge in this case.

                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U


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