Devendra Mandal @ Devendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79453 of 2025 Arising Out of PS. Case No.-163 Year-2025 Thana- KURSAILA District- Katihar ====================================================== Devendra Mandal @ Devendra Kumar S/o Lakhan Mandal R/o Tingharia, P.S.- Kursela, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Mandal, Advocate For the Opposite Party/s :
Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-01-2026 Heard Mr.Arun Kumar Mandal,learned counsel for the petitioner and Mr.Madan Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 09.10.2025 in connection with Kursela P.S. Case No. 163 of 2025, F.I.R. dated 09.08.2025 registered for the offence punishable under Sections 8(c),21(b),22(b) of N.D.P.S.Act.
3. Recovery is of 15 Gram of Smack.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. It appears from the FIR as well as the seizure list that altogether 14 pieces of matchbox were recovered from the house of the petitioner. Learned counsel for the petitioner submits that altogether 15 Gm of contraband was recovered
Patna High Court CR. MISC. No.79453 of 2025(4) dt.29-01-2026 2/3 from the house of the petitioner, one Realme company mobile, one Lava company mobile and one Nokiya Company mobile were also recovered from possession of the petitioner. Further submits that there is non-compliance of the mandatory provisions of the NDPS Act and the recovered contraband is less than the commercial quantity. Hence, there is no embargo under Section 37 of the N.D.P.S.Act for grant of bail to the petitioner and the petitioner is in custody since 09.10.2025.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case of similar nature other than the present one but fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, recovered contraband is less than the commercial quantity and there is non-compliance of the mandatory provisions of the NDPS Act, 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 learned District and Additional Sessions Judge-II, Katihar in connection with Kursela P.S. Case No. 163 of 2025, with the following
Patna High Court CR. MISC. No.79453 of 2025(4) dt.29-01-2026 3/3 conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the 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 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.
(Rajesh Kumar Verma, J) Nitesh/- U T