Patna High Court
Mukesh Kumar @ Mukesh MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 187, 480(3)
- Code of Criminal Procedure — s. 437(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 8
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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