Patna High Court
Kishundeo MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Kishundeo Mandal was implicated in a case involving the recovery of 95.95 kg of ganja from the house of co-accused Kari Devi, his mother‑in‑law. The petitioner argued that no contraband was found in his conscious possession and that the police had not complied with mandatory provisions of the NDPS Act. He asserted his innocence and clean antecedents, seeking anticipatory bail. The State opposed the bail application. The High Court, after considering the lack of direct recovery from the petitioner and procedural deficiencies, granted anticipatory bail, ordering his release on bail if arrested within four weeks, subject to a bond and surety conditions, including a close relative as a bailor.
Issues considered
- Whether anticipatory bail can be granted when no narcotic substance is recovered from the petitioner’s conscious possession.
- Whether procedural lapses by the police under the NDPS Act justify the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- NDPS Act
- possession
- seizure
- procedural lapse
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81635 of 2025
Arising Out of PS. Case No.-175 Year-2025 Thana- SARSI District- Purnia
======================================================
Kishundeo Mandal Son of Mahadeo Mandal @ Mahajan Mandal Resident of
Mandal Tola, Mogalia Purandaha, Police Station - Dhamdaha, District -
Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma
Mr. Rakesh Kumar Sharma
For the Opposite Party/s : Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Sarsi P.S. Case No. 175 of 2025 for the
offence under Sections 8/20(B)(ii)(c)/21(c) of the NDPS
Act.
3. It is a case of recovery of total 95.950 KG of
contraband Gaanja from the house of one Kari Devi
4. Learned counsel for the petitioner submits that
the petitioner is innocent though has committed no offence
much less the alleged offence and has falsely been
implicated in the present case. Nothing incriminating has
Patna High Court CR. MISC. No.81635 of 2025(3) dt.11-02-2026
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been recovered from the person or conscious possession of
the petitioner. The mandatory provision of the NDPS Act
has not been followed by the police in the present case. No
offence under any of the sections of NDPS Act is made out
against the petitioner as nothing was recovered from the
conscious possession of the petitioner. Learned counsel
further submits that as per F.I.R., and seizure list, the
recovery of contraband Gaanja has been made from the
house of co-accused Kari Devi and the present petitioner
happens to be her son-in-law. There is no direct allegation
against the petitioner of any recovery either from his house
or from his conscious possession. A statement has been
made in para 3 of the bail application that petitioner has
clean antecedent.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court
is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the
event of arrest or surrender within a period of four weeks
from the date of receipt of this order, on furnishing bail
bond of Rs. 10,000/- (Ten thousand) each with two sureties
Patna High Court CR. MISC. No.81635 of 2025(3) dt.11-02-2026
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of like amount each to the satisfaction of learned Sessions
Judge-cum-Special Judge, NDPS Act, Purnea, in
connection with Sarsi P.S. Case No. 175 of 2025 subject to
the conditions as laid down under Section 482 of B.N.S.S.,
as also with the condition that one of the bailors should be
close relative of the petitioner.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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