Patna High Court
Sanjay MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner’s anticipatory bail cannot be granted as the recovery of narcotics from his motorcycle establishes a culpable mental state under Section 35, and the quantity does not exempt him under Section 37.
Summary
The petitioner, Sanjay Mandal, was not named in the FIR but his motorcycle was used by co‑accused to transport 9 kg of ganja, which was seized. He applied for anticipatory bail, arguing that he had merely handed over the bike, was not in possession at the time of seizure, and that the quantity was below the 20 kg threshold for the presumption of commercial quantity under Section 37 of the NDPS Act. The State contended that as the owner of the vehicle, the petitioner possessed the requisite culpable mental state under Section 35 of the NDPS Act. The court examined the factual submissions and held that ownership of the motorcycle coupled with the recovery of narcotics from it established a culpable mental state, and the lower quantity did not absolve liability. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail when narcotics were recovered from his motorcycle.
- Whether Section 37 of the NDPS Act, which presumes a commercial quantity, applies to the 9 kg of ganja recovered.
- Whether ownership of the vehicle alone suffices to attract culpable mental state under Section 35 of the NDPS Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- NDPS Act — s. 20(b)(ii)(B), 35, 37, 8
Subjects
- anticipatory bail
- NDPS Act
- Section 35
- Section 37
- commercial quantity
- drug seizure
- ownership of vehicle
- culpable mental state
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4537 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
Sanjay Mandal Son of Baldeo Mandal @ Valdev Mandal R/o Village -
Sonbarsa @ Ward no. 5, Patelnagar, P.S. - Sonbarsa, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-03-2026 Heard the parties.
2.The petitioner is not named in the F.I.R. and
apprehending his arrest in connection with Majorganj P.S.
Case No. 188 of 2025 registered for the offences punishable
under Sections 8/20(b)(ii)(B) of NDPS Act and 317(5) BNS.
3. As per FIR, 9 kg of Ganja was recovered from
motorcycle bearing registration no. BR30AE0573 which was
under ride of co-accused Aashan Mandal and Bal Kishor
Mahto.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that co-accused Aashan Mandal is
brother-in-law of the petitioner and upon his request, the
Patna High Court CR. MISC. No.4537 of 2026(2) dt.18-03-2026
2/2
petitioner handover his motorcycle to him which was misused
by co-accused Aashan Mandal. It is submitted that
admittedly the recovery was not made from the possession
of this petitioner and as the recovered commercial quantity is
less than i.e., 20 kg, therefore, rigors of section 37 of NDPS
Act not appears applicable in present case. Petitioner claimed
clean antecedent.
5. Learned APP, while opposing the prayer of bail
submitted that admittedly petitioner is the owner of the
motorcycle from where 9 kg of Ganja was alleged to be
recovered and, therefore, primarily he appears under
culpable mental state in view of Section 35 of NDPS Act.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of Ganja appears to be made
from the motorcycle of the petitioner, accordingly, the prayer
of anticipatory bail of the above-named petitioner stands
rejected.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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