Dilo Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2231 of 2026 Arising Out of PS. Case No.-182 Year-2024 Thana- KURSAILA District- Katihar ====================================================== Dilo Mandal Son of Late Chhabbu Mandal Resident of Village- Nawabganj Darmahi Tola, P.S.- Kurshela, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash Dwivedi For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kursela P.S. Case No. 182 of 2024, instituted for the offences under Sections 8, 20(B)(ii)(c), 22(c) of the NDPS Act.
3. Prosecution allegation, in short, is that 22 Kg. Ganja has been recovered in this case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 01.10.2024 and has got no criminal antecedent. The petitioner is the driver of the alleged vehicle from which 22 Kg. Ganja has been recovered. There is no allegation of tampering of witnesses alleged against the petitioner. Learned counsel further submits that petitioner is 70 years old senior citizen and suffering from
Patna High Court CR. MISC. No.2231 of 2026(2) dt.21-01-2026 2/2 various ailments.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.
6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J) manish/- U T