Patna High Court
Prakash Mandal @ Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Prakash Mandal, sought bail in a case where 15 kg of ganja was seized from an auto he owned and drove. The prosecution alleged that the seized narcotics were linked to him, while the petitioner claimed he was merely a driver and had no possession of the contraband, asserting that the seizure was not made in compliance with Section 105 of the BNSS Act. He also highlighted his lack of criminal antecedents and his custody since 23 January 2026. The State opposed the bail, citing the large quantity of drugs involved. After hearing both sides, the Court found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, directing compliance with the Sessions Judge‑cumm‑Special Judge, NDPS Act, Araria.
Issues considered
- Whether bail can be granted in an NDPS case involving a large quantity of narcotics (15 kg) and alleged procedural lapses in seizure.
- Whether the petitioner’s role as owner‑driver without possession of the seized contraband warrants bail.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug trafficking
- seizure procedure
- Section 105
- large quantity narcotics
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25545 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- Bathnaha District- Araria
======================================================
Prakash Mandal @ Prakash Kumar S/o Jogeshwar Mandal Resident of
Village- Bathnaha Mandal Tola, Ward No. 14, P.S.- Bathnaha, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bathnaha P.S. Case No. 12 of 2026 registered for the
offence punishable under Sections 8/20(b)(ii)(B) of the N.D.P.S.
Act.
3. The case of the prosecution, in short, is that
altogether 15 kg of ganja were recovered from an auto and the
petitioner is owner-cum-driver of the auto.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.25545 of 2026(2) dt.18-04-2026
2/3
case. He also submits that from perusal of the FIR, it is clear
that the petitioner was carrying the contraband with one Manoj
Das and for that he was to be paid Rs. 2,000/-. He also submits
that the petitioner is not concerned in any way with the alleged
ganja. He further submits that nothing has been recovered from
the possession of the petitioner. The witnesses of the seizure list
are police personnel and the police has not complied with
Section 105 of the BNSS while making the seizure. He further
submits that the alleged recovery of contraband is though more
than small quantity but is much less than commercial quantity.
Moreover, a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 23.01.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge-cum-Special Judge, NDPS Act, Araria in
Patna High Court CR. MISC. No.25545 of 2026(2) dt.18-04-2026
3/3
connection with Bathnaha P.S. Case No. 12 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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