Patna High Court
Rajkumar Mahto @ Raj Kumar MahatoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Petitioner Rajkumar Mahto, a 17‑year‑old, was charged under Sections 20 and 22 of the NDPS Act for alleged possession of 5 kg of ganja. He contended that no contraband was actually recovered from him and that the police seizure did not comply with Section 105 of the Bihar Narcotic Substances (Control) Act. The State opposed his regular bail application, citing the quantity involved. The Court, after considering the petitioner’s age, clean antecedents, and the fact that the seized amount was less than a commercial quantity, ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The order was directed to the Principal Sessions Judge, Madhubani, for satisfaction.
Issues considered
- Whether regular bail can be granted in an NDPS case involving alleged possession of 5 kg of ganja.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act affects the bail decision.
- Impact of the petitioner’s minority and clean antecedents on bail eligibility.
Legislation cited
Subjects
- bail
- NDPS Act
- drug possession
- minor
- Section 105 compliance
- seizure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16229 of 2026
Arising Out of PS. Case No.-356 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Rajkumar Mahto @ Raj Kumar Mahato S/o- Late Sobaran Mahto @ Late
Sobaran Mahato R/o- Gamhariya , ward no. 17 , P.s- Marder , District - Sirha,
Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 20 and 22
of the NDPS Act.
3. The case of the prosecution is that from the
possession of the petitioner, altogether 5 kg of ganja was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He also
submits that nothing has been recovered from the possession of
the petitioner. The witnesses of the seizure list are police
personnel and the police has not complied with Section 105 of
Patna High Court CR. MISC. No.16229 of 2026(3) dt.21-04-2026
2/2
the BNSS while making the seizure. He further submits that the
alleged recovery of contraband is though more than small
quantity but is much less than commercial quantity. He further
submits that the petitioner is a 17 years old man. Moreover, the
petitioner is a man of clean antecedent and he is languishing in
judicial custody since 13.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Jaynagar P.S. Case No. 356 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Principal Sessions Judge,
Madhubani.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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