Kishundeo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81635 of 2025 Arising Out of PS. Case No.-175 Year-2025 Thana- SARSI District- Purnia ====================================================== Kishundeo Mandal Son of Mahadeo Mandal @ Mahajan Mandal Resident of Mandal Tola, Mogalia Purandaha, Police Station - Dhamdaha, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma Mr. Rakesh Kumar Sharma For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Sarsi P.S. Case No. 175 of 2025 for the offence under Sections 8/20(B)(ii)(c)/21(c) of the NDPS Act.

3. It is a case of recovery of total 95.950 KG of contraband Gaanja from the house of one Kari Devi

4. Learned counsel for the petitioner submits that the petitioner is innocent though has committed no offence much less the alleged offence and has falsely been implicated in the present case. Nothing incriminating has

Patna High Court CR. MISC. No.81635 of 2025(3) dt.11-02-2026 2/3 been recovered from the person or conscious possession of the petitioner. The mandatory provision of the NDPS Act has not been followed by the police in the present case. No offence under any of the sections of NDPS Act is made out against the petitioner as nothing was recovered from the conscious possession of the petitioner. Learned counsel further submits that as per F.I.R., and seizure list, the recovery of contraband Gaanja has been made from the house of co-accused Kari Devi and the present petitioner happens to be her son-in-law. There is no direct allegation against the petitioner of any recovery either from his house or from his conscious possession. A statement has been made in para 3 of the bail application that petitioner has clean antecedent.

5. Learned APP opposes the prayer for bail.

6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties

Patna High Court CR. MISC. No.81635 of 2025(3) dt.11-02-2026 3/3 of like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Purnea, in connection with Sarsi P.S. Case No. 175 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the condition that one of the bailors should be close relative of the petitioner.

(S. B. Pd. Singh, J) Ankit Kumar/- U T