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Patna High Court

Mukesh Kumar @ Mukesh MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties, subject to statutory conditions.

Summary

Mukesh Kumar, accused under Sections 8 and 20(b)(ii)(c) of the NDPS Act for alleged possession of 61.150 kg of ganja recovered from a co-accused's house, sought bail after being in custody since 16‑06‑2025. He argued that he was not apprehended on the spot, surrendered voluntarily, and that the charge‑sheet was incomplete as it lacked a forensic laboratory report, citing a pending Supreme Court matter (Divyas Bardewa vs. NCB). The prosecution opposed bail, emphasizing the seriousness of the alleged offence and the incomplete investigation. The Court noted the recovery was from the co‑accused’s premises and the petitioner’s implication was based on suspicion, and considered the incomplete charge‑sheet and prolonged custody. Accordingly, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC Sec. 437(3) and BNSS Sec. 480(3).

Issues considered

  • Whether bail should be granted to an accused under the NDPS Act for alleged possession of a large quantity of ganja.
  • Whether the absence of a forensic laboratory report renders the charge‑sheet incomplete and warrants bail.
  • Whether the pending Supreme Court decision in Divyas Bardewa vs. NCB affects the bail decision.
  • Application of Section 437(3) of the CrPC and Section 480(3) of the BNSS to the bail grant.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • possession
  • charge sheet
  • forensic report
  • BNSS
  • CrPC
  • large quantity
  • Bhagalpur
  • Sultanganj

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76625 of 2025
                    Arising Out of PS. Case No.-30 Year-2025 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Mukesh Kumar @ Mukesh Mandal, S/o Upendra Mandal @ Opi Mandal, R/o
                 Village- Munshipatti, P.S.- Sultanganj, District- Bhagalpur
                                                                                  ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agrawal, Senior Advocate
                                                  Mr. Ranjan Kumar Jha, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   10-02-2026                  Heard learned senior counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Sultanganj P.S. Case No.30 of 2025 registered for the

                   offences punishable under Sections 8, 20(b)(ii)(c) of the

                   Narcotic Drugs and Psychotropic Substances Act (in short

                   ‘N.D.P.S. Act’).

                                3. The accused/petitioner is named in the FIR and

                   is in custody since 16.06.2025.

                                4.      Allegation against petitioner is to have in

                   possession of 61.150 kg of ganja, which was alleged to be

                   recovered from the house of co-accused. However, petitioner

                   managed to escape from the place of recovery.
Patna High Court CR. MISC. No.76625 of 2025(3) dt.10-02-2026
                                            2/3




                       5. Mr.     N.K.     Agrawal,       learned   senior   counsel

          appearing for the petitioner submitted that admittedly the

          recovery of contraband was made from the house of co-

          accused Vikash Kumar and as petitioner being co-villagers co-

          incidentally present over there, he was implicated with

          present case also, without any cogent material. It is submitted

          by Mr. Agrawal that petitioner was not apprehended on spot

          and he on his own surrendered before the court of law. It is

          submitted that the investigation of this case already

          concluded and charge-sheet has been submitted, which was

          incomplete for the reason that same was submitted without

          obtaining any FSL report just to defeat the default bail of

          petitioner in view of Section 187 of the Bhartiya Nagrik

          Suraksha Sanhita, 2023 (in short ‘BNSS’). In this context, it

          is further submitted that this issue is pending before Hon’ble

          Supreme Court for larger consideration in the matter of

          Divyas Bardewa vs. Narcotics Control Bureau, and till

          then, petitioner may be released on bail. The petitioner

          claimed clean antecedent.

                       6. Learned APP opposed the prayer for grant of bail
          Patna High Court CR. MISC. No.76625 of 2025(3) dt.10-02-2026
                                                      3/3




                    to the petitioner.

                                 7. In view of aforesaid factual submissions and by

                    taking note of fact as admittedly the contraband i.e. ganja

                    appears to be recovered from the house of co-accused Vikash

                    Kumar, where name of this petitioner transpired on the basis

                    suspicion arising out of disclosure made by apprehended co-

                    accused, coupled with the fact that charge-sheet said to be

                    submitted incomplete, as mentioned aforesaid, where

                    petitioner remains in custody since 16.06.2025, accordingly,

                    the petitioner, above-named, is directed to be released on bail

                    furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned Principal District and Sessions Judge, Bhagalpur

                    in connection with Sultanganj P.S. Case No.30 of 2025,

                    subject to the conditions as laid down under Section 437(3) of

                    the Code of Criminal Procedure (for short ‘CrPC’)/under

                    Section 480(3) of the BNSS.


                                                            (Chandra Shekhar Jha, J.)
    Sanjeet/-
U     T


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