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Patna High Court

Rajkumar Mahto @ Raj Kumar MahatoversusThe State of Bihar

Decided
Disposal
ALLOWED

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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