Patna High Court
Sunil Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- HARISH KUMAR
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29, 8
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
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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
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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/-
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