Vikram Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8379 of 2025 Arising Out of PS. Case No.-209 Year-2022 Thana- KURSAILA District- Katihar ====================================================== Vikram Kumar Mandal S/o- Mahendra Mandal R/o- Basa Tola, Nawabganj, P.S- Kursela, Distt- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kursela P.S. Case No.209 of 2022 lodged under Sections 20/22 of the NDPS Act.

3. As per the prosecution case, the total recovery of 42.300 kg of Ganja has alleged to be made from a motorcycle and car, which is subject matter of the present case. It has been alleged that some persons have apprehended from the place of occurrence other than the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the said recovery of ganja has not been made from the possession of the petitioner. He further submits that for constituting offence under NDPS Act, recovery in conscious possession is required, which is lacking in the present case.

Patna High Court CR. MISC. No.8379 of 2025(2) dt.11-04-2025 2/2

5. Counsel further submits that petitioner has not been apprehended from the place of occurrence rather his name has come by virtue of confessional statement of the co-accused persons.

6. Counsel further submits that the petitioner is in custody since 20.09.2024 having clean antecedent.

7. Learned counsel for the State opposes the prayer for bail and submits that commercial quantity of ganja has been recovered. He further submits that the petitioner has fled away from the place of occurrence and his antecedent is clean.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge-cum- Special Judge, NDPS, Act, Katihar in connection with Kursela P.S. Case No.209 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T