Patna High Court
Gulay Mandal @ Gulai MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, subject to bond and attendance conditions.
Summary
The petitioner, Gulay Mandal, sought bail in a case registered under Sections 8, 20(b)(ii)C and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, relating to the alleged recovery of a large quantity of ganja. His earlier bail application had been rejected by the Patna High Court on 11 February 2025. Counsel argued that the petitioner was innocent and that a co‑accused, Sakaldeo Pandit, had already been granted bail in a similar case. Considering the length of the petitioner’s custody since 15 March 2024, the court allowed the bail application. The court ordered the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount and to appear at the police station on the first Sunday of each month, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act despite the seriousness of the alleged offence
- Whether the petitioner’s prolonged custody warrants bail
- Whether the grant of bail to a co‑accused influences the decision in the present case
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)C, 29, 8
Subjects
- bail
- NDPS Act
- drug offence
- criminal procedure
- bail conditions
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22981 of 2026
Arising Out of PS. Case No.-48 Year-2024 Thana- ANDHRAMATH District- Madhubani
======================================================
Gulay Mandal @ Gulai Mandal Son of Chhote Lal Mandal Resident of
village- Dagraha PS- Laukahi District -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate
For the State : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Andharamath P.S.
Case No. 48 of 2024 registered for the offence under Sections
8/20(b)(ii)C/29 of the N.D.P.S. Act.
3. Earlier, the bail application of the petitioner has
been rejected by this Court vide order dated 11.02.2025passed
in Cr. Misc. No. 65286 of 2024.
4. The recovery is of a huge quantity of ganja and the
petitioner is in jail since 15.03.2024.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. He further submits that the similarly situated co-accused
Patna High Court CR. MISC. No.22981 of 2026(2) dt.30-04-2026
2/2
namely, Sakaldeo Pandit has already been granted bail by this
Court vide order dated 10.02.2026 passed in Cr. Misc. No.
29006 of 2025.
6. Considering the period of custody, this application
is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-IV-cum-Special Judge NDPS
Act, Madhubani in connection with Andharamath P.S. Case No.
48 of 2024.
8. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Laukahi Police Station on the first Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
P. Kumar
U T
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