Fakir Mandal @ Fakirchand Mandal vs The State Of Bihar on 22 May, 2025

Patna High Court – Orders

Fakir Mandal @ Fakirchand Mandal vs The State Of Bihar on 22 May, 2025

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32785 of 2025
                      Arising Out of PS. Case No.-64 Year-2025 Thana- DHAMDAHA District- Purnia
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                 Fakir Mandal @ Fakirchand Mandal S/o Late Dinesh Mandal Resident of
                 vill- Phulwariya, P.S- Dhamdaha, Distt.- Purnea
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Kumar Anand, Advocate
                 For the Opposite Party/s :      Mrs. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   22-05-2025

Heard learned Counsel for the petitioners and

learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection

with Dhamdaha P.S. Case No. 64 of 2025 registered for the

offences under Sections 8(c) and 20(b)(ii)(c) of the NDPS

Act.

3. As per the prosecution story, on a secret

information received by the informant that petitioner

alongwith one co-accused namely, Vijay Sah was coming

with contravened ganja. The police intercepted the said

person, however, he managed to flee away and the petitioner

is said to have been apprehended and 10kg of ganja was

recovered from the gunny bag he was carrying on his

motorcycle. Further, it is stated that on the statement of the
Patna High Court CR. MISC. No.32785 of 2025(2) dt.22-05-2025
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petitioner, the house of the co-accused Chandan Mandal was

raided and a total of 31kg of ganja was recovered from the

house of the said Chandan Mandal.

4. Learned counsel for the petitioner submits that

the petitioner has falsely been implicated in this case as the

said seizure, which has been shown against the petitioner

had not actually been recovered from the conscious

possession of the petitioner. It has further been stated that a

false and concocted story has been created by the informant

showing recovery of 10 kg ganja, which is not commercial

quantity. It is next submitted that the provisions of Section

67 of the NDPS Act in taking the statement of the petitioner

was not followed and lastly it has been submitted that the

petitioner carries clean antecedent and is in custody since

03.03.2025.

5. Learned APP for the State has opposed the

prayer for bail of the petitioner and stated that 10kg of

ganja was recovered from the conscious possession of the

petitioner, which is more than the small quantity.

6. Considering the aforesaid submissions by the

learned counsel for the parties and taking into account the
Patna High Court CR. MISC. No.32785 of 2025(2) dt.22-05-2025
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fact that the quantity said to be seized from the petitioner is

below commercial quantity and the clean antecedent of the

petitioner, let the petitioner, above named, be released on

bail, on furnishing bail bond of Rs. 10,000/- (ten thousand)

with two sureties of the like amount each to the satisfaction

of learned Special Judge (NDPS Act), Purnea, in connection

with Dhamdaha P.S. Case No. 64 of 2025, subject to the

conditions that:

a. One of the bailors of the petitioner
shall be his/her close relative.

b. The petitioner shall remain
physically present in Court on each date of trial.

c. In case of absence on two
consecutive dates, or in violation of the terms of
the bail and if the prosecution finds the
involvement of the petitioner in similar nature
of offence, the bail bond of the petitioner will
be liable to be cancelled by the Court
concerned.

d. And further condition that the court
below shall verify the criminal antecedent of the
petitioner and in case at any stage it is found
that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bonds of the petitioner.
Patna High Court CR. MISC. No.32785 of 2025(2) dt.22-05-2025
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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.

e. If the petitioner is found involved in
a similar nature of offence, the prosecution shall
be at liberty to move the lower court for
cancellation of bail.

(Sourendra Pandey, J)
aditya/-

U          T