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Patna High Court

PANKAJ KUMAR MANDAL @ PANKAJversusThe State of Bihar

Decided
Disposal
DISMISSED

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
           Patna High Court CR. MISC. No.53074 of 2025(4) dt.08-01-2026
                                                       2/3




                     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
Patna High Court CR. MISC. No.53074 of 2025(4) dt.08-01-2026
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