Patna High Court
Rahul Kumar Mandal @ Rahul Kr. MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding that the statutory conditions for denial of bail were not satisfied.
Summary
The petitioner, Rahul Kumar Mandal, sought bail in a case (Bathnaha P.S. case No. 108 of 2025) filed under Sections 8(c) and 21(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The prosecution alleged that 50 grams of 'smack' was recovered from a co-accused during a police search, while no contraband was found in the petitioner's possession. The petitioner argued innocence, highlighted the absence of incriminating material against him, and noted that the seized quantity was below the commercial threshold, rendering Section 37 inapplicable and indicating non‑compliance with Sections 42 and 50 of the NDPS Act. The court observed that the co‑accused had already been granted bail and considered the petitioner’s custody period and the low quantity of drugs. Consequently, the court granted bail subject to standard conditions, including surety, appearance, non‑tampering with evidence, and restriction on travel.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the facts of the case
- Whether Section 37 of the NDPS Act applies when the seized quantity is below commercial quantity
- Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(B), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- contraband quantity
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.764 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- Bathnaha District- Araria
======================================================
Rahul Kumar Mandal @ Rahul Kr. Mandal Son of Amar Nath Mandal
Resident Of Village- Amhara Ward No 07, Police Station- Forbesganj,
District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Case diary called by co-ordinate Bench of
this Court has been received although F.S.L. report has not been
received.
2. The petitioner seeks bail in Bathnaha P.S. case No.
108 of 2025 instituted for the offences under Sections 8(c) and
21(B) of the N.D.P.S. Act.
3. Prosecution allegation, in short, is that in a search
made by the police, 50 grams of smack has been recovered from
the co-accused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 13.11.2025 and
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has got three criminal antecedents. Charge-sheet has been
submitted in this case. No incriminating material has been
recovered from the conscious possession of the petitioner. The
recovery is made from the possession of co-accused. The
recovered contraband is below the commercial quantity. Hence,
Section 37 of the N.D.P.S. Act is not applicable in the present
case. There is no compliance of Sections 42 and 50 of the
N.D.P.S. Act. Co-accused from whose possession smack was
recovered, has been granted bail by this Bench vide order dated
28.01.2026 passed in Cr. Misc. No. 5820 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the period of custody undergone by the petitioner
and the recovered contraband below commercial quantity, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bathnaha P.S. case
No. 108 of 2025 subject to the following conditions:
(I) One of the bailors shall be own/close member of
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the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) Petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the Court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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