Patna High Court
Bhawesh MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Bhawesh Mandal, was arrested after 5.2 kg of ganja was recovered from the backpack of a pillion rider on his bike. He filed a regular bail petition, claiming innocence, lack of any seizure compliance under Section 105 of the Bihar Narcotic Substances Act, and no criminal antecedent, having been in judicial custody since 21‑04‑2026. The State opposed the bail, citing the offence under sections 8, 20 and 21(c) of the NDPS Act. The court examined the facts, noting that the quantity seized exceeded the small‑quantity threshold but was far below commercial quantity, and that procedural lapses were alleged. Considering these circumstances, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted in an NDPS case where the seized quantity exceeds the small‑quantity limit but is less than commercial quantity
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act vitiates the seizure and justifies bail
- Whether the petitioner’s lack of prior criminal record and the circumstances of arrest warrant bail
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 21(c), 8
Subjects
- bail
- NDPS Act
- drug possession
- seizure procedure
- Section 105
- small quantity
- commercial quantity
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40216 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- DHORAIYA District- Banka
======================================================
Bhawesh Mandal S/O Bilash Mandal @ Vilash Mandal R/O Village - Salpur,
PS- Goradih, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manohar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8, 20, 21(c),
of NDPS Act.
3. The case of the prosecution is that the petitioner
was driving a bike and one pillion was sitting on his bike and
from the back pack of the said pillion rider, altogether 5.2 kgs of
ganja was recovered.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has committed no offence. He
has falsely been implicated in this case. Nothing has been
recovered from the possession of the petitioner. Learned counsel
for the petitioner has submitted that while making seizure,
Patna High Court CR. MISC. No.40216 of 2026(2) dt.23-06-2026
2/2
Section 105 of B.N.S.S. has not been complied and the seizure
list witnesses are police personnel. It has also been submitted
that though the quantum of the contraband which has been
recovered from the possession of this petitioner is more than
small quantity but is much less than commercial quantity.
Petitioner is having no criminal antecedent. Moreover, he is
languishing in judicial custody since 21.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Dhoraiya P.S. Case No. 115 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, NDPS, Act,
Banka.
(Ashok Kumar Pandey, J)
Sneha/-
Dolly/-
U T
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