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2026 DAILYLAW 16366 (PAT)

Bikesh Mandal @ Suman Mandal @ Bikesh Kumar v. The State of Bihar

CR. MISC./33405/2026 · 2026-05-18

Sourendra Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33405 of 2026 Arising Out of PS. Case No.-15 Year-2026 Thana- JOGBANI District- Araria ====================================================== Bikesh Mandal @ Suman Mandal @ Bikesh Kumar, S/o Satya Naryan Mandal, R/o Village - Khochgama, Ward No. 18, P.S. - Bathnaha, District – Araria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kishore Bharti, Adv. Mr. Abhijeet Gautam, Adv. Mr. Rajesh Kumar Chaubey, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 18-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State through virtual mode. 2. The petitioner is apprehending his/her arrest in connection with Jogbani P.S. Case No. 15 of 2026 registered for the offence(s) under Section(s) 8/20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The prosecution case is to the effect that the police Patna High Court CR. MISC. No.33405 of 2026(2) dt.18-05-2026 2/4 received a secret information that certain articles have been kept confined and some people are trying to take it away. On search, total 140 Kgs. of Ganja like substance was recovered and one person was apprehended, who disclosed his name as Vinay Kumar Singh, from whom mobile set etc. was recovered and on query, he disclosed the names of the other persons who fled away including the petitioner. 4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case at the behest of the apprehended accused person and he has no concern, whatsoever, with the alleged incriminating articles. It has been submitted that the petitioner has been named by the apprehended accused person, who happens to be the co-villager of the petitioner with whom there is a land dispute between the family members of the petitioner and the family members of the apprehended accused person for which, one mutation appeal, bearing No. 42 of 2019-20 is also pending before the D.C.L.R., Forbesganj. It has next been submitted that no incriminating article has been recovered from the house of the petitioner and, in fact, the petitioner carries clean antecedent. 5. The learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the Patna High Court CR. MISC. No.33405 of 2026(2) dt.18-05-2026 3/4 petitioner. 6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above-named, be released on anticipatory bail, in the event of his/her arrest or surrender before the concerned Court/successor Court within a period of four weeks from today, on his/her furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court/successor Court where the case is pending in connection with Jogbani P.S. Case No. 15 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 read with corresponding Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the following conditions : (i) One of the bailors of the petitioner shall be his/her close relative and the other shall be a local resident. (ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation. (iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the concerned Court. (iv) The concerned Court shall verify the criminal Patna High Court CR. MISC. No.33405 of 2026(2) dt.18-05-2026 4/4 antecedent of the petitioner and in case, at any stage, it is found that he/she has concealed his/her criminal antecedents, the Court concerned shall take necessary steps for cancellation of his/her bail bond. 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. 7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. 8. The application stands allowed. Praveen- II/Tannu/Natasha (Sourendra Pandey, J) U T