Created by Fuzzy Cloud

Patna High Court

Manoj MandalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail petition is dismissed as the petitioner is prima facie found to be under a culpable mental state under Section 35 of the NDPS Act.

Summary

The petitioner, Manoj Mandal, was named in an FIR for alleged involvement in a drug offence under Sections 8 and 20(b)(ii)(B) of the NDPS Act, based on information from co-accused Anita Devi and Sugni Devi who claimed he supplied contraband for delivery to Delhi. The petitioner argued that the allegations were merely speculative, stemming from village enmity, and that no contraband was found in his possession. The State contended that the petitioner was in regular contact with the co-accused via specific mobile numbers, indicating a culpable mental state under Section 35 of the NDPS Act. The court examined the prima facie evidence of communication and concluded that the petitioner appeared to have the requisite mens rea for the offence. Consequently, the court rejected the petitioner's anticipatory bail application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the NDPS Act.
  • Whether the petitioner was under a culpable mental state as required under Section 35 of the NDPS Act.
  • Whether the mere disclosure by co-accused and telephone contacts constitute sufficient material to deny bail.

Legislation cited

Subjects

  • NDPS Act
  • anticipatory bail
  • culpable mental state
  • Section 35
  • drug trafficking
  • Section 8
  • Section 20(b)(ii)(B)
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41791 of 2026
                    Arising Out of PS. Case No.-61 Year-2026 Thana- BHAGALPUR RAIL P.S. District-
                                                        Bhagalpur
                 ======================================================
                 Manoj Mandal S/O- Chhathu Mandal R/O Vill.- Ward No.-4 Chotti Parbatta,
                 P.S.- Imilepur, District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajive Ranjan Singh
                 For the Opposite Party/s :      Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   30-06-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with BGP GRPS

                   P.S. Case No. 61 of 2026 registered for the offences

                   punishable under Sections 8, 20(b)(ii)(B) of NDPS Act.

                                3. As per FIR total of 6.099 kg of Ganja was

                   recovered from two apprehended co-accused persons

                   namely, Anita Devi and Sugni Devi, who upon arrest at

                   Bhagalpur police station disclosed the name of this

                   petitioner, who provided contraband to them as to

                   deliver the same at Delhi. The mobile number of
Patna High Court CR. MISC. No.41791 of 2026(2) dt.30-06-2026
                                            2/3




          petitioner was supplied by apprehended co-accused

          persons as 7654782059 and 887752065.

                       4. It is submitted by learned counsel appearing

          on behalf of the petitioner that merely on the basis of

          suspicion arising out of disclosure made by apprehended

          co-accused person, the petitioner was implicated with

          alleged recovery of contraband. It is submitted that

          petitioner is the co-villager of apprehended co-accused

          person and out of local village enmities, he was

          implicated without having any cogent material. It is

          submitted that admittedly recovery of contraband was

          not made from the conscious possession of this

          petitioner. Petitioner claimed clean antecedent.

                       5. Learned APP while opposing the prayer of

          bail submitted that this petitioner was in regular touch

          with apprehended co-accused person namely, Anita Devi

          and Sugni Devi through mobile numbers 7654782059

          and 887752065 as to deliver the contraband at Delhi. It

          is submitted that factual aspect of this case is sufficient
              Patna High Court CR. MISC. No.41791 of 2026(2) dt.30-06-2026
                                                          3/3




                        to suggest that petitioner was under culpable mental

                        state in view of section 35 of NDPS Act qua seized

                        contraband from co-accused person.

                                      6. In view of aforesaid factual submission and

                        by taking note of fact as petitioner prima-facie found

                        indulged in conversations with apprehended co-accused

                        person qua delivery of contraband at Delhi, accordingly,

                        it can be gathered prima-facie that the petitioner was

                        under       culpable       mental       state        qua   possession   of

                        contraband by apprehended co-accused person in view

                        of section 35 of NDPS Act as discussed aforesaid,

                        accordingly, the prayer of anticipatory bail of petitioner

                        stands rejected.



                                                                   (Chandra Shekhar Jha, J)
Sudha/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.