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Patna High Court

Bikesh Mandal @ Suman Mandal @ Bikesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to stipulated conditions.

Summary

The petitioner, Bikesh Mandal, was implicated in a Narcotic Drugs and Psychotropic Substances (NDPS) case (Jogbani P.S. Case No. 15 of 2026) based on a statement by an arrested co-accused, Vinay Kumar Singh, who alleged that the petitioner was involved in the possession of 140 kg of ganja-like substance. The petitioner contended that the accusation was false, stemming from a land dispute with the co-accused, and that no contraband was recovered from his residence. He applied for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail, arguing the seriousness of the NDPS offences. The High Court, after considering the submissions, granted anticipatory bail subject to a cash bond of Rs. 10,000 with two sureties and specific conditions regarding presence in court and verification of antecedents. The order emphasized that the bail conditions are not to delay verification and that the observations are not binding during trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the NDPS allegations.
  • Whether the petitioner’s alleged involvement, based solely on the co-accused’s statement, warrants denial of bail.
  • Applicability of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • Section 438 CrPC
  • Section 482 BNSS
  • false implication
  • land dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33405 of 2026

                        Arising Out of PS. Case No.-15 Year-2026 Thana- JOGBANI District- Araria
                 ======================================================
                 Bikesh Mandal @ Suman Mandal @ Bikesh Kumar, S/o Satya Naryan
                 Mandal, R/o Village - Khochgama, Ward No. 18, P.S. - Bathnaha, District –
                 Araria.


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


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kishore Bharti, Adv.
                                                  Mr. Abhijeet Gautam, Adv.
                                                  Mr. Rajesh Kumar Chaubey, Adv.
                 For the Opposite Party/s :       Mr. Sanjay Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                   ORAL ORDER


2   18-05-2026                   Heard the learned counsel for the petitioner and the

                   learned A.P.P. for the State through virtual mode.

                                 2. The petitioner is apprehending his/her arrest in

                   connection with Jogbani P.S. Case No. 15 of 2026 registered for

                   the offence(s) under Section(s) 8/20 (b) (ii) (c) of the Narcotic

                   Drugs and Psychotropic Substances Act, 1985.

                                 3. The prosecution case is to the effect that the police
Patna High Court CR. MISC. No.33405 of 2026(2) dt.18-05-2026
                                            2/4




          received a secret information that certain articles have been kept

          confined and some people are trying to take it away. On search,

          total 140 Kgs. of Ganja like substance was recovered and one

          person was apprehended, who disclosed his name as Vinay

          Kumar Singh, from whom mobile set etc. was recovered and on

          query, he disclosed the names of the other persons who fled

          away including the petitioner.

                       4. The learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case at the

          behest of the apprehended accused person and he has no

          concern, whatsoever, with the alleged incriminating articles. It

          has been submitted that the petitioner has been named by the

          apprehended accused person, who happens to be the co-villager

          of the petitioner with whom there is a land dispute between the

          family members of the petitioner and the family members of the

          apprehended accused person for which, one mutation appeal,

          bearing No. 42 of 2019-20 is also pending before the D.C.L.R.,

          Forbesganj. It has next been submitted that no incriminating

          article has been recovered from the house of the petitioner and,

          in fact, the petitioner carries clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the
Patna High Court CR. MISC. No.33405 of 2026(2) dt.18-05-2026
                                            3/4




          petitioner.

                        6. Considering the facts and circumstances of the

          case and the submissions advanced on behalf of the parties, let

          the petitioner, above-named, be released on anticipatory bail, in

          the event of his/her arrest or surrender before the concerned

          Court/successor Court within a period of four weeks from today,

          on his/her furnishing bail bonds in the sum of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the concerned Court/successor Court

          where the case is pending in connection with Jogbani P.S. Case

          No. 15 of 2026, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure, 1973 read

          with corresponding Section 482(2) of the Bharatiya Nagarik

          Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the

          following conditions :

                                 (i)    One of the bailors of the petitioner shall be
                            his/her close relative and the other shall be a local
                            resident.
                                 (ii) The petitioner shall remain physically present
                            before the concerned Court on each and every date of the
                            trial and shall cooperate in the investigation.
                                 (iii) In case of absence for two consecutive occasions
                            or in violation of the terms of the bail, the bail bonds of
                            the petitioner will be liable to be cancelled by the
                            concerned Court.
                                 (iv) The concerned Court shall verify the criminal
             Patna High Court CR. MISC. No.33405 of 2026(2) dt.18-05-2026
                                                         4/4




                                         antecedent of the petitioner and in case, at any stage, it is
                                         found that he/she has concealed his/her criminal
                                         antecedents, the Court concerned shall take necessary
                                         steps for cancellation of his/her bail bond. However, the
                                         acceptance of bail bonds in terms of the above-mentioned
                                         order shall not be delayed for purpose of or in the name of
                                         verification.


                                    7. It is made clear that the observations, if any, made

                       in this order, shall be of no bearing during the trial.

                                    8. The application stands allowed.



                                                (Sourendra Pandey, J)
Praveen-
II/Tannu/Natasha

U        T


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