Mandeep Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

Mandeep Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya Ji, in connection with Gaya Rail P.S. Case No. 228 of 2025, subject to five conditions (co-operation and representation at trial with bond cancellation on two consecutive unexplained absences; one bailor to be a blood relation; bailor affidavit regarding future accusations in similar cases; liberty to prosecution to move for cancellation on tampering with evidence or witnesses; and monthly appearance before the SHO of the concerned P.S. till framing of charge).

Issue for consideration

Whether the petitioner should be released on regular bail in connection with Gaya Rail P.S. Case No. 228 of 2025 dated 30-07-2025, registered under Sections 8, 18(c) and 20(b) and ii C of the NDPS Act.

Court's answer

Having considered the facts and circumstances of the case and the submissions of learned counsel for the parties, the Court directed release of the petitioner on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya Ji, in connection with Gaya Rail P.S. Case No. 228 of 2025.

Ratio / Principle

Bail was granted subject to conditions, including that the petitioner shall co-operate in the trial and be properly represented on each and every date fixed by the Court, and that on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

Key takeaways

As a further condition of bail, the petitioner shall appear before the SHO of the concerned police station in the first week of each month till the framing of charge in the case.ratio¶20

Detailed headnote1 paragraphs

NDPS Act — Regular bail granted. Patna High Court (Khatim Reza, J.), by order dated 15-01-2026 in Criminal Miscellaneous No. 146 of 2026 arising out of Gaya Rail P.S. Case No. 228 of 2025 (dated 30-07-2025, District Gaya, registered under Sections 8, 18(c) and 20(b) and ii C of the NDPS Act), allowed the petitioner's bail application where the allegation was recovery of 31.600 Kg of poppy husk (doda) from his possession — contended by defence counsel to be below the notified commercial quantity of 50 kilograms — and the petitioner had been in custody since 31.07.2025 with no criminal antecedents. The petitioner was ordered released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya Ji, subject to conditions: (i) co-operation in the trial with proper representation on every date fixed, the bail bond being cancellable on absence on two consecutive dates without sufficient reason; (ii) one bailor to be his own blood relation, preferably father, mother, brother, sister or wife; (iii) bailor's affidavit undertaking to inform the court if the petitioner is made accused in any other similar case, with liberty to the court below to initiate cancellation for misuse; (iv) liberty to the prosecution to move for cancellation of bail if the petitioner tampers with evidence or witnesses; and (v) appearance before the SHO of the concerned P.S. in the first week of each month till framing of charge.