Santosh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10525 of 2026 Arising Out of PS. Case No.-52 Year-2025 Thana- HARLAKHI District- Madhubani ====================================================== Santosh Kumar Mandal S/O Ramlalit mandal R/O Village- Pipraun, P.SHarlakhi, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Raj, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 20 & 22 of the NDPS Act.

3. The case of the prosecution, in short, is that from the possession of co-accused persons huge amount of cough syrup codeine and other tablets which are Schedule H drug were recovered.

4. Learned counsel for the petitioner submits that nothing has been recovered from his possession. The name of this petitioner has surfaced in the statement of co-accused persons who have said that the petitioner is also owner of the shop. Learned counsel for the petitioner has submitted that as a matter of fact the petitioner is not the owner of that shop and

Patna High Court CR. MISC. No.10525 of 2026(2) dt.23-02-2026 2/2 nothing has been recovered from the possession of this petitioner. Learned counsel for the petitioner has further submitted that the witnesses of the seizure list are police personnel and the police has not complied Section 105 of the BNSS. The seizure was made from co-accused Surendra Kumar, Virendra Kumar Shah, Vidyasagar Mahto. Learned counsel for the petitioner has submitted that the petitioner is languishing in judicial custody since 19.12.2025.

5. Learned APP for the State has vehemently opposed the bail and has submitted that the petitioner is having criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Harlakhi P.S. Case No. 52 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court of ADJ-IV, Madhubani. (Ashok Kumar Pandey, J) durgesh/- U T