Patna High Court – Orders
Bahru Mandal vs The State Of Bihar on 30 August, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30492 of 2025
Arising Out of PS. Case No.-193 Year-2024 Thana- KURSAILA District- Katihar
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Bahru Mandal son of Late Chhabe Mandal village - Nawabganj, Purab tola,
Ps- Kursela, Dist- katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv
: Mrs. Vaishnavi Singh, Adv
: Mr. Ritwik Thakur, Adv
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 30-08-2025
Heard learned counsel appearing on behalf
of the petitioner and learned APP appearing on behalf
of the State.
2. The petitioner seeks bail in connection with
Kursela P.S. Case No. 193 of 2024 registered for the
offences under Sections 8, 20(B)(ii)(C) of the NDPS Act.
3. The petitioner is named in the F.I.R. and is
in custody since 17.10.2024.
4. The allegation against the petitioner is to
have in possession of 58 kilograms of contraband i.e.,
ganja along with other co-accused persons, where
alleged contraband was recovered from the under-
constructed house of this petitioner.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.30492 of 2025(3) dt.30-08-2025
2/3
petitioner submitted that in the present case charge-
sheet was submitted by investigating agency without
obtaining FSL report and, therefore, the petitioner is
entitled for default bail. It is further submitted that as
issue is pending before Hon’ble Supreme court for
larger consideration in the matter of Divyas Bardewa
Vs. Narcotics Control Bureau through SLA (Crl.)
No. 11628 of 2022 and by considering aforesaid,
different learned Co-ordinate Benches of this Court are
granting bail to co-accused persons, where charge-
sheet was submitted without FSL report this petitioner
also deserves bail. It is also submitted that even
preliminary test was not conducted at the time of
seizure and sampling of alleged contraband to
ascertain prima-facie that recovered contraband was
ganja or not. It is also pointed out that the FIR, itself
suggests that mandatory provisions regarding search,
seizure and sampling (SSS) not appears followed in the
present case. It is also submitted that recovery also
not appears made from the conscious physical
possession of this petitioner. While concluding the
argument it is submitted that petitioner is a man of
clean antecedent.
6. Learned APP appearing on behalf of the
Patna High Court CR. MISC. No.30492 of 2025(3) dt.30-08-2025
3/3
State, while opposing the prayer for bail submitted that
commercial quantity of contraband i.e., ganja was
recovered from under-constructed house of this
petitioner. However he could not disputed the legal
and factual submission as submitted aforesaid.
7. In view of aforesaid factual submission and
by taking note of fact as incomplete charge-sheet was
submitted against petitioner i.e., without FSL report,
coupled with the fact as petitioner is a man of clean
antecedent and remains in custody since 17.10.2024,
accordingly above named petitioner, is directed to be
released on bail in connection with Kursela P.S. Case
No. 193 of 2024 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional
District and Sessions Judge-VIII, Katihar/concerned
court, subject to the conditions as mentioned under
Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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