Patna High Court
PANKAJ KUMAR MANDAL @ PANKAJversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that bail could not be granted to the petitioner and dismissed the bail application.
Summary
The petitioner, Pankaj Kumar Mandal, applied for regular bail in a case registered under Sections 21 and 22 of the NDPS Act and Section 111 of the BNS, alleging possession of large quantities of various drugs. The prosecution alleged that the petitioner was caught while attempting to flee towards Nepal with a scooter loaded with Dicyclomine tablets, herbicides and Tramadol capsules, and that the contraband was in commercial quantity and psychotropic. The petitioner claimed innocence, argued that nothing was recovered from his person and that the charge sheet was filed without a forensic science laboratory (FSL) report. The State opposed bail, stating that the FSL report had been submitted and the drugs were psychotropic, justifying denial of bail. The court, after considering the facts, concluded that the petitioner did not merit the privilege of bail and rejected the application.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act and BNS for alleged offences involving commercial quantity of narcotics.
- Whether the absence or presence of an FSL report influences the grant of bail.
- Whether the nature and quantity of the seized contraband preclude bail.
Legislation cited
Subjects
- regular bail
- NDPS Act
- BNS
- commercial quantity
- psychotropic substances
- FSL report
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53074 of 2025
Arising Out of PS. Case No.-81 Year-2025 Thana- SIKTI District- Araria
======================================================
PANKAJ KUMAR MANDAL @ PANKAJ Son of Nand Lal Mandal
Resident of Village - Leti, Ward No.- 13, P.S.- Sikti, Distt.- Araria, Pin -
854332.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nishant Kumar Sinha
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 08-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Sikti P.S. Case No. 81 of 2025, registered for
the offences punishable under Sections 21 and 22 of NDPS Act
and 111 of BNS.
3. The prosecution case, in brief, is that on
08.05.2025 at about 03:25 AM, during patrolling, the informant
noticed a person riding a black Ola Electric Scooter bearing
registration no. BR38AM7246, moving from India towards
Nepal with suspected goods. On being signaled to stop, the
person abandoned the scooter and attempted to flee towards
Nepal but was apprehended by the patrolling team. He disclosed
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his name as Pankaj Kumar Mandal (the petitioner). Two
independent witnesses, Md. Akhlaakh and Md. Manjur Jafarul,
were present during the search. Upon search of the scooter, large
quantities of Dicyclomine HCL tablets IP 20mg Healthydicyclo-
20, Pyrazosulfuron Ethyl herbicides, and Tramadol
Hydrochloride capsules were recovered.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. Nothing was recovered from his possession. He has
also submitted that without FSL report, the charge sheet has
been submitted.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail and submitted that the alleged
contraband recovered is in commercial quantity and the charge
sheet has been submitted. He has submitted that the FSL report
has been submitted and the drugs were found psychotropic.
6. Considering the above-mentioned facts and
circumstances, in my view, the petitioner doesn’t deserve the
privileges for bail. Accordingly, it is rejected.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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