Rajendra Mandal @ Rajendra Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85844 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- Bhimnagar District- Supaul ====================================================== Dashrath Kumar Singh @ Dashrath Singh, S/o Bhimshankar Singh, R/o Village - Rampur, Ward No. 1, P.S - Balua Bazar, District - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 589 of 2026 Arising Out of PS. Case No.-51 Year-2025 Thana- Bhimnagar District- Supaul ====================================================== Aklesh Mandal @ Akhilesh Mandal @ Abhay Mandal, Son of Bhagwat Mandal @ Bhagbat Mandal, Resident of village - Koshi Baraj, Ward No.- 01. Hanuman Nagar, Kankalani Nagarpalika, P.S.- Bhardah, District - Saptari (Nepal) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 592 of 2026 Arising Out of PS. Case No.-51 Year-2025 Thana- Bhimnagar District- Supaul ====================================================== Rajendra Mandal @ Rajendra Kumar Mandal, Son of Inar Mandal @ Inar Mandal Rajdhob, Resident of Village - Koshi Baraj, Ward No.- 01, Hanuman Nagar, Kankalani Nagarpalika, P.S.- Bhardah, District - Saptari (Nepal) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 85844 of 2025) For the Petitioner/s :
Mr. Naresh Kumar Mehta, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP (In CRIMINAL MISCELLANEOUS No. 589 of 2026) For the Petitioner/s :
Mr. Y.C. Verma, Sr. Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 592 of 2026)
2/5 For the Petitioner/s :
Mr. Y.C. Verma, Sr. Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 09-01-2026 Since all the bail applications are arising out of the same P.S. case, they are being disposed off with a common order.
2. Heard Mr. Y.C. Verma, learned Senior counsel for the petitioners and learned A.P.P. for the State.
3. Petitioners, who are in custody, seeks bail in connection with Bhim Nagar P.S. Case No. 51 of 2025 registered for the offences punishable under Sections 8/20(b)(ii) (c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
4. As per the prosecution case, on secret information the police conducted a raid and intercepted a Maruti Swift car and apprehended three persons, namely, Dashrath Kumar Singh @ Dashrath Singh (petitioner), Aklesh Mandal @ Akhilesh Mandal @ Abhay Mandal (petitioner) and Rajendra Mandal @ Rajendra Kumar Mandal (petitioner). On search nothing was found in the vehicle neither the three apprehended persons would state as to why they were present there. It is further alleged that after a hectic search total 182.360 kg of Ganja was recovered from the embankment of Koshi river hidden under the
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5. The learned senior counsel for the petitioners submits that they have been falsely implicated in this case and they have no concern whatsoever with the alleged recovered illicit Ganja. It has next been submitted that admittedly the Ganja recovered from the riverside water's bush, and the same was found submerged in the water and is an open place accessible by all. It has also been submitted that nothing was recovered from the car in which the petitioners were traveling and most importantly the seizure list does not contain the signature of the petitioners. It has further been submitted that it is also not the case of the prosecution that it was on the pointing of the petitioners, the said consignment was recovered. It has, thus, been submitted that in view of the articles not being recovered from the conscious possession of the petitioners and the petitioners having clean antecedent they may be released on bail. It has lastly been submitted that the petitioners are in custody since 08.07.2025.
6. The learned A.P.P. has vehemently opposed the prayer for bail and has stated that total 182.360 kg of contraband was recovered, which was a huge consignment and it falls under the commercial quantity as per the NDPS Act.
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7. Considering the aforesaid submissions made by the parties and taking into account the clean antecedents as well as the fact that no recovery was made from the conscious possession, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each 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 Bhim Nagar P.S. Case No. 51 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative and the other shall be local resident.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose
5/5 of or in the name of verification.
8. Accordingly, the prayer for bail is allowed.
9. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T