Patna High Court
Bablu MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Bablu Mandal, was arrested with 1.9 grams of ganja-like material and charged under Sections 8 and 20(b)(II)(B) of the NDPS Act. He contended that the seizure violated Section 103 of the B.N.S.S. Act, that the quantity fell within the 'small' category exempting him from the rigors of Section 37 NDPS, and that he was falsely implicated due to prior excise cases. The State opposed bail. The Court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties, imposing conditions including presence at court dates, verification of criminal antecedents, regular reporting to the Superintendent of Police, and possible cancellation for non‑compliance. The order clarified that any observations made would not affect the trial. The bail was granted subject to these conditions.
Issues considered
- Whether bail should be granted in an NDPS case involving a small quantity of narcotic substance.
- Whether the alleged violation of Section 103 of the B.N.S.S. Act affects the bail application.
- Whether Section 37 of the NDPS Act is applicable to the petitioner given the quantity seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(II)(B), 37, 8
Subjects
- bail
- NDPS Act
- small quantity
- Section 103 B.N.S.S. Act
- criminal antecedent
- procedural violation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85383 of 2025
Arising Out of PS. Case No.-285 Year-2025 Thana- KAHALGAON District- Bhagalpur
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Bablu Mandal Son of Damodar Mandal Resident Of Village -Tintanga Diyara,
Ps- Rangra Gopalpur, Dist -Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash Dwivedi, Adv.
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with
Kahalgaon P.S. Case No. 285 of 2025, instituted for the offences
under Sections 8/20(b) (II) (B) of the N.D.P.S. Act.
3. As per prosecution case, the petitioner is said to have
been apprehended on a motorcycle carrying 1.900 Gm of ganja
like material.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and no such
recovery, as alleged has been recovered. It has next been submitted
that the petitioner has been implicated in the present case only
because he carries two criminal antecedents, though cases of
Excise Act. It has further been submitted that the seizure has been
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done in complete violation of provision of Section 103 of the
B.N.S.S. Act. It has lastly been submitted that the recovered
quantity falls under the small category of N.D.P.S. and therefore,
rigors of Section 37 is not applicable in the present case. The
petitioner is in custody since 02.09.2025.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions, the petitioner
above named, is directed to be released on bail on 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 & Sessions Judge, Bhagalpur in connection with
Kahalgaon P.S. Case No. 285 of 2025, subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and every
date fixed by the Court below, if so required by the learned Trial
Court.
(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 canceled by the Court concerned.
(iv) And further condition that the court below shall
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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 the same or in the name of verification.
(v) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of Police,
within fifteen days of his release with a copy of this order and
every two weeks thereafter for the next nine months. The conduct
of the petitioner will be kept under watch in this period by the
Superintendent of Police concerned and if it is found wanting in
any respect, a report shall be made to the court concerned by him
to initiate a proceeding for cancellation of bail for reasons of
misuse of bail. After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the court
concerned.
7. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
pravinkumar/-
U T
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