Pramod Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15849 of 2025 Arising Out of PS. Case No.-87 Year-2024 Thana- KUNAULI District- Supaul ====================================================== Pramod Mandal S/o Jagdish Mandal R/o Village- Kunauli, Ward No.-06,P.S.- Kunauli, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Singh, Advocate For the State :
Mrs. Pushpa Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 23-06-2025 Heard Mr. Vivekanand Singh, the learned counsel appearing on behalf of the petitioner and Mrs. Pushpa Sinha, the learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 21(C), 22(C) and 29 of N.D.P.S. Act.
3. As per the prosecution case, on secret information, the raiding party apprehended one person who disclosed his name as Pramod Mandal (petitioner) and on search, from the plastic bag he was carrying, (i) SUPER DOM PLUS TAB B.No. 010523-SC2-24x12+288 Nos. (ii) CODIWELL COUGH SYP. (B.No.TBHX 0806) 100 ML-30 Nos. (iii) BUPRENORPHINE INJ. IP (B.No. L24020) 2 ML-05 Nos. (iv) PROMETHAZINE
2/4 HYDROCHLORIDE INJ. IP (B.No. AHK0037) 2ML-05 Nos. (v) DIAZEPAM-INJ-IP (B.No. DA-2409) 2ML.05 Nos. were recovered. It is further alleged that the apprehended person disclosed that he was carrying such narcotic substance at the instance of Sonu Pradhan which was to be delivered near Sheetla Mata Temple.
4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has no concern whatsoever with the recovered narcotic substance. It has further been submitted that the recovered narcotic substance does not belong to him and he was not the owner of the same. It has next been submitted that the recovery of narcotic substance from the petitioner is a false and concocted story. It has lastly been submitted that though the petitioner has two criminal cases against his name he has been acquitted in one of the case and is in custody in the present case since 08.09.2024.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail and has stated that the petitioner has been apprehended along with narcotic substance and he also carries antecedent of one case of similar nature of offence.
6. Considering the aforesaid submissions made by the
3/4 parties and taking into account the period of custody, I am inclined to grant the petitioner privilege of regular bail.
7. Accordingly, the prayer for bail is allowed.
8. Let the petitioner, above named, be released on bail on 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 Kunauli P.S. Case No. 87 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident. (ii) The petitioner 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 petitioner will be liable to be cancelled by the court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall 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
4/4 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 or in the name of verification.
(Sourendra Pandey, J) Siwani/- U T