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Patna High Court

Sunil Kumar MandalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

Sunil Kumar Mandal, accused under the NDPS Act for possession of 23.6 kg of ganja, applied for regular bail after being in custody since 29 March 2024. This was his third bail application; earlier pleas were rejected and he later sought to withdraw the application. The prosecution has examined seven witnesses and one remains, with the charge framed on 24 September 2024. The petitioner argued that the prolonged pre‑trial detention would prejudice him and that he has a clean antecedent, while the State contended that the trial is near completion and the narcotic was recovered from his conscious possession. The Patna High Court, noting the recovery of the narcotic from the accused and the seriousness of the offence, rejected the bail application and directed the trial court to conclude the trial within four months, permitting a fresh bail application if the trial is not completed in that time.

Issues considered

  • Whether regular bail should be granted to an accused under Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act when the narcotic substance has been recovered from his conscious possession and he has been in pre‑trial detention for over two years.

Legislation cited

Subjects

  • NDPS Act
  • regular bail
  • pre‑trial detention
  • conscious possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29784 of 2026
                       Arising Out of PS. Case No.-80 Year-2024 Thana- MAHISHI District- Saharsa
                 ======================================================
                 Sunil Kumar Mandal S/o Badri Narayan Mandal R/o Village - Bhaptiyahi,
                 Ward no. 06, P.S. - Bhaptiyahi, District - Supaul.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Mishra, Adv.
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   10-07-2026                    Heard the learned Advocate for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks regular bail, who is in custody

                   in connection with Special (NDPS) Case No. 15 of 2024, arising

                   out of Mahishi P.S. Case No. 80 of 2024, registered for the

                   offence punishable under Sections 8, 20(b)(ii)(c), 25 & 29 of

                   NDPS Act.

                                3. This is the third attempt made on behalf of the

                   petitioner as earlier the prayer for bail of the petitioner was

                   turned down by this court on 18.09.2024 in Cr.Misc. No. 48103

                   of 2024. Subsequently, on 23.07.2025 in Cr.Misc. No. 23831 of

                   2025, wherein the petitioner sought permission to withdraw the

                   present application. While rejecting the prayer for bail of the

                   petitioner, this Court has taken note of the fact that the 23.6 kgs
Patna High Court CR. MISC. No.29784 of 2026(3) dt.10-07-2026
                                            2/3




          Ganja was recovered from the conscious possession of the

          petitioner and others. On the last occasion when the matter was

          taken up, the status report was called for pursuant thereto. This

          Court is informed that the charge has been framed on

          24.09.2024 and the prosecution has altogether examined, seven

          prosecution witnesses in this case including the informant and

          I.O. Only one seizure list witness remained to be examined.

                       4. Learned Advocate for the petitioner submitted that

          till date the trial has not been concluded and now the petitioner

          has been incarcerated since 29.03.2024 more than two years

          have been lapsed. He further submits that the petitioner also

          having fair antecedent and he will fully co-operate in the

          proceeding of the Court and keeping him behind the bar for

          such a long period would cause prejudice to the petitioner, in

          case he would be finally acquitted.

                       5. On the other hand, learned APP for the State

          vehemently opposes the bail application and submits that the

          prayer for bail has already been turned down earlier and now the

          trial is at the fag end and there is every likelihood that the same

          shall be concluded within a period of four months.

                       6. Considering the submissions advanced by learned

          Advocate for the respective parties and taking note of the fact
              Patna High Court CR. MISC. No.29784 of 2026(3) dt.10-07-2026
                                                          3/3




                        that the alleged narcotic substance has been recovered from the

                        conscious possession of the petitioner, this Court is not acceded

                        to the prayer of the petitioner for grant of regular bail .

                        Accordingly, the same stands rejected.

                                     7. However, it is expected that the learned trial Court

                        shall take all endeavor to conclude the trial preferably within a

                        period of four months from the date of the receipt/production of

                        a copy of this order.

                                     8. It is made clear that, in case, the trial is not

                        concluded within the period stipulated, the petitioner shall be at

                        liberty to approach before this Court by filing a fresh

                        application.



                                                    (Harish Kumar, J)
sumit/-

U         T


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