Patna High Court
Bikesh Mandal @ Suman Mandal @ Bikesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
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
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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
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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
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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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