Patna High Court
Ramdhari MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Ramdhari Mandal, who is in custody, applied for bail in a case registered under Sections 20(b)(ii) and 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that 14 kg of ganja was recovered from the terrace of his house during a raid. The prosecution contended that the petitioner was involved in liquor trade and escaped the scene, while the defence argued that the recovery was from an open space, no contraband was found in his possession, and he has a clean antecedent. The learned counsel for the State opposed bail, citing the seriousness of the offence. The court examined the facts, the lack of direct possession, and the petitioner’s custody since August 2025, and decided to grant bail on a cash bond of Rs. 10,000 with two sureties and several conditions, including personal appearance at each trial date. The order also stipulated that bail could be cancelled for non‑appearance, involvement in similar offences, or concealment of criminal antecedents, and clarified that any observations in the order would not affect the trial.
Issues considered
- Whether bail should be granted in an NDPS case where the contraband was recovered from an open terrace and no direct possession by the accused is established
- Whether the petitioner poses a flight risk or threat to the investigation
- Whether the conditions imposed are sufficient to ensure the petitioner’s compliance with the trial process
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii), 22(b)
Subjects
- NDPS Act
- bail
- drug possession
- criminal procedure
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84596 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- ISMAILPUR District- Bhagalpur
======================================================
Ramdhari Mandal S/o Lalmuni Mandal R/o Village - Chhoti Parbatta, P.S -
Ismailpur, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APPs
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Ismailpur P.S. Case No. 78 of 2025 registered
for the offences punishable under Sections 20(b)(ii), 22(b) of the
N.D.P.S. Act.
3. As per the prosecution case, the informant has
stated that he received secret information that one Ramdhari
Mandal (the petitioner) was involved in the sale and purchase of
liquor, pursuant to which a raid was conducted. Upon search of
the house, 14 kg of ganja was recovered from the terrace of the
house and it is stated that the petitioner managed to escape from
the place of occurrence.
Patna High Court CR. MISC. No.84596 of 2025(2) dt.05-01-2026
2/3
4. The learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the present case and
that the alleged recovery was admittedly made from the terrace
of the house, which is an open space. It is further submitted that
the petitioner was not apprehended at the place of occurrence
and that no incriminating article was recovered from his
conscious possession. Lastly, the learned counsel submits that
the petitioner has clean antecedents and has been in custody
since 11.08.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, 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 court below where the case is
pending/successor court in connection Ismailpur P.S. Case No.
78 of 2025 subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be local resident.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
Patna High Court CR. MISC. No.84596 of 2025(2) dt.05-01-2026
3/3
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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