Patna High Court
Pappu Kumar Mandal @ Pappu MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner subject to a Rs.10,000 bond, two sureties, and specified conditions.
Summary
The petitioner, Pappu Kumar Mandal, was arrested in connection with a case alleging recovery of 2.4 kg of ganja-like substances from his house, charged under Sections 8 and 20(b)(ii) B of the Narcotic Drugs and Psychotropic Substances Act, 1985. He claimed innocence, stating that the seized material was not in his conscious possession and that the quantity, while more than a small amount, was below commercial levels; he also highlighted a prior acquittal in another case. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the court considered the nature of the quantity, the lack of direct possession, and the petitioner’s custody since August 2025, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties and several compliance requirements. The order imposed conditions regarding trial attendance, bail‑bond guarantors, disclosure of future similar charges, and prohibition against tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 8 and 20(b)(ii) B of the NDPS Act involving 2.4 kg of narcotic substance
- Whether the quantity seized justifies denial of bail under the NDPS Act
- Whether the petitioner’s prior acquittal and lack of conscious possession affect the bail decision
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii) B, 8
Subjects
- bail
- NDPS Act
- narcotic drugs
- quantity of narcotics
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7023 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- KHARIK District- Bhagalpur
======================================================
Pappu Kumar Mandal @ Pappu Mandal, S/o- Jagdish Mandalm Resident of
Village- Kharipur Ps- Kharik Bazar, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Allama Abdul Quadir Jamal Faridi, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Kharik
P.S. Case No. 256 of 2025 dated 21.08.2025, instituted for the
offence punishable under Sections 8, 20(b)(ii) B of the Narcotic
Drugs and Psychotropic Substances Act, 1985.
3. The allegation is of recovery of total 2.4 kg. Ganja
like substances from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that
nothing has been recovered from the conscious possession of the
petitioner. It is further submitted that seized articles is more than
small quantity but less than commercial quantity. Lastly, it has
Patna High Court CR. MISC. No.7023 of 2026(2) dt.04-02-2026
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been submitted that the petitioner is in custody since 21.08.2025
having one criminal case against him in which he has been
acquitted. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned Additional Sessions Judge-1,
Bhagalpur in Kharik P.S. Case No. 256 of 2025, subject to the
following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
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made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
(Khatim Reza, J)
premchand/-
U T
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