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Patna High Court

Rahul Kumar Mandal @ Rahul Kr. MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.764 of 2026(3) dt.13-02-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.764 of 2026(3) dt.13-02-2026
                                                       3/3




                     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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