Patna High Court
Nitesh Mandal @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner’s lack of prior NDPS record, non‑apprehension at the scene, and prolonged pre‑trial custody warranted the grant of regular bail.
Summary
The petitioner, Nitesh Mandal, applied for regular bail in a case registered under Sections 8 and 20(b)(ii)(b) of the NDPS Act, where 5 kg of ganja was seized from a co‑accused and the petitioner, as the pillion rider, fled the scene. The prosecution alleged his participation in the offence, while the petitioner claimed innocence, asserted no prior NDPS record, and had been in custody since 5 September 2025. The learned counsel argued that the petitioner was not caught on the spot and had been detained for a considerable period without trial. The court considered these circumstances and the lack of antecedent, and consequently allowed the bail application. Bail was granted on a bond of Rs.10,000 with two sureties, subject to monthly police‑station attendance and regular trial participation, with cancellation provisions for non‑compliance.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the seriousness of the alleged offence
- Whether the length of pre‑trial detention and the fact that the petitioner was not apprehended at the scene justify granting bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 8
Subjects
- bail
- NDPS Act
- regular bail
- pre‑trial detention
- drug offence
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21375 of 2026
Arising Out of PS. Case No.-19 Year-2024 Thana- Bathnaha District- Araria
======================================================
Nitesh Mandal @ Nitish Kumar S/o Nunu Lal Mandal R/o vill - Kolhua, ward
no. 3, P.S.- Jogbani, Distt.- Araria, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bathnaha P.S. Case No. 19 of 2024 registered for the offence
under Section(s) 8, 20(b)(ii)(b) of the NDPS Act.
3. As per the prosecution case, 5 kg of ganja was
recovered from one Jitendra Kumar, and the pillion rider, the
petitioner, fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 05.09.2025 and doesn’t have any
criminal antecedent under NDPS Act.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.21375 of 2026(3) dt.10-04-2026
2/3
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody and the fact that the petitioner was not
caught on the spot, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Bathnaha P.S. Case
No. 19 of 2024 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Jogbani Police Station on
the first Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.21375 of 2026(3) dt.10-04-2026
3/3
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…