Nand Kishor Mandal @ Nandlal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46499 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- TIKAPATTI District- Purnia ====================================================== Nand Kishor Mandal @ Nandlal Singh S/o- Late Rupan Mandal Resident of Dumari ward no- 14 P.S- Tikkapatti, Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Kumar Bhagat, Adv.
Mr. Kamlesh Kumar Pathak, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-07-2025 Heard the parties.
2. The petitioner is in custody in connection with Tikapatti P.S. Case No. 66 of 2025 for the offence punishable under sections 20(b)(ii)(B) of the NDPS Act.
3. As per the prosecution story, the informant alleged that during patrolling and upon secret information, the house of the petitioner was raided and there is recovery/seizure of 4.560 kg ganja. From another co-accused, Suresh Singh's house, there is recovery of 1.520 kg ganja. This led to the FIR.
4. Learned counsel for the petitioner submits that the recovery/seizure is from a joint house and not from his conscious possession, he has no criminal antecedent and is in custody since 30.04.2025.
Patna High Court CR. MISC. No.46499 of 2025(2) dt.30-07-2025 2/3
5. Learned APP opposes the prayer for bail submitting that the recovery is from his house.
6. Considering the submissions of the parties as also the fact that nothing has been recovered from his conscious possession and in any case, it is below the commercial quantity, he has no criminal antecedent and is in custody since 30.04.2025, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge (N.D.P.S. Act) Purnea in connection with Tikapatti P.S. Case No. 66 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his
Patna High Court CR. MISC. No.46499 of 2025(2) dt.30-07-2025 3/3 attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T