Patna High Court
Rajendra Mandal @ Rajendra Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioners subject to conditions, finding no sufficient ground to deny bail.
Summary
Three individuals were arrested during a police raid on a Maruti Swift; no narcotics were found in the vehicle and the accused could not explain their presence. Subsequently, 182.360 kg of ganja was recovered from the embankment of the Koshi River, an open area not under the control of the accused. The petitioners argued they were falsely implicated, had no possession of the contraband, and possessed clean antecedents, seeking bail under the NDPS Act. The State opposed bail, emphasizing the large (commercial) quantity of the seized narcotics. The court, noting the absence of any recovery from the accused’s conscious possession and their clean records, granted bail with a Rs.10,000 bond and specific conditions, stating that the order does not affect the trial.
Issues considered
- Whether bail can be granted to accused under the NDPS Act when no narcotic substance is found in their possession
- Whether the commercial quantity of the seized narcotics precludes the grant of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 29, 8
Subjects
- NDPS Act
- bail
- commercial quantity
- false implication
- clean antecedent
- drug trafficking
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85844 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- Bhimnagar District- Supaul
======================================================
Dashrath Kumar Singh @ Dashrath Singh, S/o Bhimshankar Singh, R/o
Village - Rampur, Ward No. 1, P.S - Balua Bazar, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 589 of 2026
Arising Out of PS. Case No.-51 Year-2025 Thana- Bhimnagar District- Supaul
======================================================
Aklesh Mandal @ Akhilesh Mandal @ Abhay Mandal, Son of Bhagwat
Mandal @ Bhagbat Mandal, Resident of village - Koshi Baraj, Ward No.- 01.
Hanuman Nagar, Kankalani Nagarpalika, P.S.- Bhardah, District - Saptari
(Nepal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 592 of 2026
Arising Out of PS. Case No.-51 Year-2025 Thana- Bhimnagar District- Supaul
======================================================
Rajendra Mandal @ Rajendra Kumar Mandal, Son of Inar Mandal @ Inar
Mandal Rajdhob, Resident of Village - Koshi Baraj, Ward No.- 01, Hanuman
Nagar, Kankalani Nagarpalika, P.S.- Bhardah, District - Saptari (Nepal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 85844 of 2025)
For the Petitioner/s : Mr. Naresh Kumar Mehta, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
(In CRIMINAL MISCELLANEOUS No. 589 of 2026)
For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate
Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 592 of 2026)
Patna High Court CR. MISC. No.85844 of 2025(2) dt.09-01-2026
2/5
For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate
Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 Since all the bail applications are arising out of the
same P.S. case, they are being disposed off with a common
order.
2. Heard Mr. Y.C. Verma, learned Senior counsel for
the petitioners and learned A.P.P. for the State.
3. Petitioners, who are in custody, seeks bail in
connection with Bhim Nagar P.S. Case No. 51 of 2025
registered for the offences punishable under Sections 8/20(b)(ii)
(c)/29 of the Narcotic Drugs and Psychotropic Substances Act,
1985.
4. As per the prosecution case, on secret information
the police conducted a raid and intercepted a Maruti Swift car
and apprehended three persons, namely, Dashrath Kumar Singh
@ Dashrath Singh (petitioner), Aklesh Mandal @ Akhilesh
Mandal @ Abhay Mandal (petitioner) and Rajendra Mandal @
Rajendra Kumar Mandal (petitioner). On search nothing was
found in the vehicle neither the three apprehended persons
would state as to why they were present there. It is further
alleged that after a hectic search total 182.360 kg of Ganja was
recovered from the embankment of Koshi river hidden under the
Patna High Court CR. MISC. No.85844 of 2025(2) dt.09-01-2026
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water.
5. The learned senior counsel for the petitioners
submits that they have been falsely implicated in this case and
they have no concern whatsoever with the alleged recovered
illicit Ganja. It has next been submitted that admittedly the
Ganja recovered from the riverside water's bush, and the same
was found submerged in the water and is an open place
accessible by all. It has also been submitted that nothing was
recovered from the car in which the petitioners were traveling
and most importantly the seizure list does not contain the
signature of the petitioners. It has further been submitted that it
is also not the case of the prosecution that it was on the pointing
of the petitioners, the said consignment was recovered. It has,
thus, been submitted that in view of the articles not being
recovered from the conscious possession of the petitioners and
the petitioners having clean antecedent they may be released on
bail. It has lastly been submitted that the petitioners are in
custody since 08.07.2025.
6. The learned A.P.P. has vehemently opposed the
prayer for bail and has stated that total 182.360 kg of contraband
was recovered, which was a huge consignment and it falls under
the commercial quantity as per the NDPS Act.
Patna High Court CR. MISC. No.85844 of 2025(2) dt.09-01-2026
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7. Considering the aforesaid submissions made by the
parties and taking into account the clean antecedents as well as
the fact that no recovery was made from the conscious
possession, let the petitioners, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned court below where the case is pending/successor
court in connection with Bhim Nagar P.S. Case No. 51 of 2025,
subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative and the other shall be local
resident.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the court concerned.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed
their criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioners.
However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose
Patna High Court CR. MISC. No.85844 of 2025(2) dt.09-01-2026
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of or in the name of verification.
8. Accordingly, the prayer for bail is allowed.
9. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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