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Patna High Court

Bhavesh Kumar Mandal @ Bhavesh Mandal @ Dubo MandalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioners, holding that the allegations and self‑inculpatory statement were sufficient to justify denial of bail.

Summary

The petitioners, Bhavesh Kumar Mandal and Akshay Kumar, applied for regular bail in a case registered under the NDNDPS Act for alleged possession of 8.706 kg of ganja. The prosecution alleged that the drug was recovered from petitioner no. 1, who implicated petitioner no. 2 in his self‑inculpatory statement. The petitioners argued that no contraband was recovered from petitioner no. 2 and that they have no prior criminal record. The State opposed the bail, emphasizing the linkage of petitioner no. 2 to the offence through the statement of petitioner no. 1. The High Court, after considering the facts, declined to grant bail and dismissed the application, noting that its observations are limited to this bail application and do not prejudice the trial.

Issues considered

  • Whether regular bail can be granted to a co‑accused under the NDPS Act when the recovery is from another accused and the co‑accused is only named in a self‑inculpatory statement.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • regular bail
  • drug possession
  • self‑inculpatory statement
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27519 of 2026
                       Arising Out of PS. Case No.-37 Year-2026 Thana- KURSAILA District- Katihar
                 ======================================================
           1.     Bhavesh Kumar Mandal @ Bhavesh Mandal @ Dubo Mandal S/o Nevi
                  Mandal Resident of Village- Garaiya, P.S- Sahu Parbatta, Distirct-
                  Bhagalpur.
           2.    Akshay Kumar S/O Banarasi Mandal R/O Village- Simaraha, P.S.-
                 Taikapatti, Distt.- Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bhola Prasad
                 For the Opposite Party/s :        Mr.Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                    2. The petitioners seek regular bail in connection

                   with Kursela P.S. Case No. 37 of 2026 registered for the offence

                   under Sections 8(c), 21(b), 8, 20(B)(ii)(B) of the NDPS Act.

                                   3. As per the prosecution case, the recovery is of

                   8.706 Kg of Ganja from the petitioner no. 01 who has named the

                   petitioner no. 02 in the alleged crime as one of the persons who

                   are working together in the alleged crime.

                                   4. The petitioners are in custody since 31.01.2026.

                                   5. Learned counsel for the petitioners has submitted

                   that nothing has been recovered from the petitioner no. 02. He
          Patna High Court CR. MISC. No.27519 of 2026(2) dt.28-04-2026
                                                      2/2




                    further submits that the petitioners have no criminal antecedent.

                                    6.    Learned APP for the State has opposed the

                    application of the petitioners and has submitted that the

                    recovery is from petitioner no. 01 and so far as petitioner no. 02

                    is concerned, he has been named by the petitioner no. 01 in his

                    self-inculpatory statement.

                                    7. Considering the aforesaid facts, this Court is not

                    inclined to grant bail to the petitioner.

                                    8. Accordingly, this application is dismissed.

                                    9. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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