Patna High Court
CR. MISC./58930/2026 of Niraj Kumar Mandal Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58930 of 2026 Arising Out of PS. Case No.-65 Year-2026 Thana- KAHALGAON District- Bhagalpur ====================================================== Niraj Kumar Mandal, S/o Awadh Kishore Mandal, R/o Village - Saitpura, Kulkuliya, P.S. -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58930 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- KAHALGAON District- Bhagalpur ======================================================
Niraj Kumar Mandal, S/o Awadh Kishore Mandal, R/o Village - Saitpura, Kulkuliya, P.S. - Rasalpur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Diwakar Upadhyaya, Adv.
For the Opposite Party/s :
Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
19-08-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with Kahalgaon P. S. Case No. 65 of 2026, registered for the offences punishable under Sections 8(c), 21(b) of the NDPS Act.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is not named in the FIR and that the instant matter relates to the recovery of 9.30 grams of suspected brown sugar from the possession of two accused persons. If the quantity of the alleged contraband stated to have been recovered from the possession of each co-accused named in the FIR is taken into account, the instant matter relates to the recovery of a small quantity and a quantity slightly greater than the small quantity. The FIR itself goes to show that at the time of their apprehension, the accused persons revealed Patna High Court CR. MISC. No.58930 of 2026(2) dt.19-08-2026
before the concerned police officials that they used to purchase the seized contraband from the State of Bengal and they did not disclose the name of the petitioner as the supplier. Subsequently, during the course of investigation, the police claimed to have recorded their statements and as per the prosecution, the name of the petitioner came to light in their statements as being the supplier of the alleged contraband to the co-accused. Thus, during the course of investigation, the police developed the prosecution story mainly on the basis of the confessional statements of the co-accused persons recorded before the police, which have no evidentiary value, and merely on that basis, the petitioner has been dragged into the present matter. It is further submitted that the petitioner has been languishing in jail since 27.05.2026, although there are four cases against him, two of them relate to offences under the E.C. Act, however, he is on bail in all the said cases.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Considering the aforesaid submissions and mainly taking note of the basis on which the petitioner has been made an accused, as stated above, coupled with the petitioner's period of custody and the quantity of the alleged contraband, which is Patna High Court CR. MISC. No.58930 of 2026(2) dt.19-08-2026
stated to have been recovered from the possession of the apprehended co-accused persons and not from the possession of the petitioner, in my opinion, in the said circumstances, the petitioner deserves to the relief of regular bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Kahalgaon P. S. Case No. 65 of 2026 on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
Rajiv/- (Shailendra Singh, J) U T