Bhawesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40216 of 2026 Arising Out of PS. Case No.-115 Year-2026 Thana- DHORAIYA District- Banka ====================================================== Bhawesh Mandal S/O Bilash Mandal @ Vilash Mandal R/O Village - Salpur, PS- Goradih, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manohar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-06-2026 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 8, 20, 21(c), of NDPS Act.

3. The case of the prosecution is that the petitioner was driving a bike and one pillion was sitting on his bike and from the back pack of the said pillion rider, altogether 5.2 kgs of ganja was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that while making seizure,

Patna High Court CR. MISC. No.40216 of 2026(2) dt.23-06-2026 2/2 Section 105 of B.N.S.S. has not been complied and the seizure list witnesses are police personnel. It has also been submitted that though the quantum of the contraband which has been recovered from the possession of this petitioner is more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent. Moreover, he is languishing in judicial custody since 21.04.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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 Dhoraiya P.S. Case No. 115 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS, Act, Banka.

(Ashok Kumar Pandey, J) Sneha/- Dolly/- U T