Patna High Court
Arvind Kumar Mandal @ Arvind Kumar @ Arvind MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to strict conditions, after finding that the circumstances warranted its exercise of discretion.
Summary
Arvind Kumar Mandal was arrested in connection with the recovery of 5.8 kg of ganja and charged under sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He had been in custody since 16 January 2025 and had previously been denied bail. The petitioner filed a second bail application, asserting a clean antecedent. The Patna High Court, after considering the nature of the offence, the period of custody, and the petitioner’s claim of a clean record, allowed the bail application. The court ordered his release on a bail bond of Rs.10,000 with two sureties who must be his blood relatives, and imposed conditions including cooperation with the trial, personal or advocate appearance, verification of antecedent by the lower court, and mandatory weekly attendance at the police station, with default leading to cancellation of bail.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail in an NDPS case involving a large quantity of narcotics?
- Whether the petitioner’s claim of a clean antecedent and the period of pre‑trial detention justify the grant of regular bail?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- NDPS Act
- bail
- drug trafficking
- clean antecedent
- pre‑trial detention
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81030 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- ANDHRAMATH District- Madhubani
======================================================
Arvind Kumar Mandal @ Arvind Kumar @ Arvind Mandal Son of Rajeshwar
Mandal @ Rajesh Mandal @ Rajesh Kumar R/o Village- Bela Singar Moti
Tole, Lakshminiya, P.S.- Nirmali, District- Supaul (Bihar)
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Indradeo Yadav, Advocate
For the State : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with
Andhramath P.S. Case No.12 of 2025 registered for the offence
punishable under sections 8, 20(b)(ii)(B) of the N.D.P.S. Act.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 15.05.2025 passed in Criminal
Miscellaneous No.31144 of 2025.
4. As per the F.I.R., there is recovery of 5.800
kg. of ganja from a bus.
5. The petitioner is in custody since 16.01.2025
Patna High Court CR. MISC. No.81030 of 2025(3) dt.11-02-2026
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and he claims clean antecedent.
6. Considering the nature of allegation and also
the period of custody of the petitioner, this bail application is
allowed.
7. Let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Principal Sessions Judge-cum- Special Judge, NDPS
Act, Madhubani / concerned Court below, in connection with
Andhramath P.S. Case No.12 of 2025, subject to the conditions
that both the bailors will be the blood relatives of the petitioner
and further the petitioner will cooperate in the trial and will
appear personally or through his advocate on the date fixed in
the trial.
8. At the time of accepting the bail bonds of the
petitioner, the court below will verify the antecedent of the
petitioner. The bail bonds of the petitioner shall only be
accepted by the court below if it is found that he has clean
antecedent.
9. This is also subject to the condition that the
petitioner, after being released on bail, is directed to mark his
attendance at Nirmali Police Station, District- Supaul on every
Patna High Court CR. MISC. No.81030 of 2025(3) dt.11-02-2026
3/3
Sunday of the month. Any default in appearance at the police
station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
pawan/-
U T
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