Patna High Court
Amit Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the bail application, granting bail subject to specified conditions.
Summary
The petitioner, Amit Kumar Mandal, was arrested in connection with a case under Sections 8, 21(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for allegedly handling prohibited cough syrups on behalf of a co‑accused. He contended that he was merely a labourer, had no knowledge of the contents of the syrups, and possessed no prior criminal record, having been in custody since 5 September 2025. The prosecution opposed bail, arguing the seriousness of the NDPS offences. The Court examined the facts, the petitioner’s lack of antecedents, and the duration of his custody, and concluded that bail could be granted with strict conditions. Accordingly, the Court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to conditions regarding attendance, conduct, and verification of antecedents.
Issues considered
- Whether bail should be granted to a person accused under Sections 8, 21(c) and 22(c) of the NDPS Act.
- Whether the petitioner’s claim of being a mere labourer without knowledge of the narcotic contents negates the necessity for continued detention.
- Whether the petitioner’s lack of criminal antecedent and the period of custody justify the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 8
Subjects
- bail
- NDPS Act
- narcotic drugs
- prohibited syrups
- criminal antecedent
- custody
- trial conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85535 of 2025
Arising Out of PS. Case No.-163 Year-2025 Thana- SAKRI District- Madhubani
======================================================
Amit Kumar Mandal, Son of Manoj Mandal @ Manoj Kumar Mandal, R/o
village - Kanhauli, Ward No.- 2, P.S.- Manigachhi, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Adv.
Mr. Ravi Prakash, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar Singh, Addl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioner and the
learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with Sakri P.S. Case No. 163 of 2025 registered for
the offence(s) punishable under Section(s) 08, 21(c) and 22(c)
of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. As per the prosecution case, the police got a
secret information that co-accused/Dharmendra Kumar Sah @
Lapo Sah was dealing in prohibited syrups. On such
information, the police conducted a raid and apprehended two
persons, namely, Amit Kumar Mandal (the petitioner) and Ravi
Kumar Paswan. On enquiry, the apprehended persons disclosed
that they were asked by the co-accused/Dharmendra Kumar Sah
Patna High Court CR. MISC. No.85535 of 2025(2) dt.08-01-2026
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to remove the said substance on his behalf.
4. The learned counsel for the petitioner submits
that the petitioner is innocent and he has no concern whatsoever
with the recovered cough syrups. It has next been submitted
that even from perusal of the F.I.R., it would be evident that the
police had the input about the co-accused/Dharmendra Kumar
Sah and from the statement of the apprehended persons,
including the petitioner, it would be clear that they were merely
acting as labourers on behalf of co-accused/Dharmendra Kumar
Sah and they were not aware about the contents kept in the sack.
It has lastly been submitted that the petitioner carries no
criminal antecedent and he is in custody since 05.09.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 05.09.2025, let the petitioner, above-
named, be released on bail on his 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 with Sakri P.S.
Case No. 163 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
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close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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