Mukesh Kumar @ Mukesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76625 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- SULTANGANJ District- Bhagalpur ====================================================== Mukesh Kumar @ Mukesh Mandal, S/o Upendra Mandal @ Opi Mandal, R/o Village- Munshipatti, P.S.- Sultanganj, District- Bhagalpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Senior Advocate Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-02-2026 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Sultanganj P.S. Case No.30 of 2025 registered for the offences punishable under Sections 8, 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act (in short 'N.D.P.S. Act').
3. The accused/petitioner is named in the FIR and is in custody since 16.06.2025.
4. Allegation against petitioner is to have in possession of 61.150 kg of ganja, which was alleged to be recovered from the house of co-accused. However, petitioner managed to escape from the place of recovery.
Patna High Court CR. MISC. No.76625 of 2025(3) dt.10-02-2026 2/3
5. Mr. N.K. Agrawal, learned senior counsel appearing for the petitioner submitted that admittedly the recovery of contraband was made from the house of coaccused Vikash Kumar and as petitioner being co-villagers coincidentally present over there, he was implicated with present case also, without any cogent material. It is submitted by Mr. Agrawal that petitioner was not apprehended on spot and he on his own surrendered before the court of law. It is submitted that the investigation of this case already concluded and charge-sheet has been submitted, which was incomplete for the reason that same was submitted without obtaining any FSL report just to defeat the default bail of petitioner in view of Section 187 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS'). In this context, it is further submitted that this issue is pending before Hon'ble Supreme Court for larger consideration in the matter of Divyas Bardewa vs. Narcotics Control Bureau, and till then, petitioner may be released on bail. The petitioner claimed clean antecedent.
6. Learned APP opposed the prayer for grant of bail
Patna High Court CR. MISC. No.76625 of 2025(3) dt.10-02-2026 3/3 to the petitioner.
7. In view of aforesaid factual submissions and by taking note of fact as admittedly the contraband i.e. ganja appears to be recovered from the house of co-accused Vikash Kumar, where name of this petitioner transpired on the basis suspicion arising out of disclosure made by apprehended coaccused, coupled with the fact that charge-sheet said to be submitted incomplete, as mentioned aforesaid, where petitioner remains in custody since 16.06.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal District and Sessions Judge, Bhagalpur in connection with Sultanganj P.S. Case No.30 of 2025, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the BNSS.
(Chandra Shekhar Jha, J.) Sanjeet/- U T