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Patna High Court

Mahendra SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner’s ownership of the seized vehicle did not merit bail under the NDPS Act.

Summary

Mahendra Sah, the owner of a motorcycle, was implicated in a case where 5 kg of ganja was recovered from the seized vehicle. He applied for anticipatory bail, arguing that no incriminating material was found in his conscious possession and that he was being accused merely on suspicion. The State opposed the bail, emphasizing his ownership of the vehicle from which the large quantity of narcotics was seized. The court considered the relevance of vehicle ownership under the NDPS Act and the lack of direct possession by the petitioner. Concluding that ownership alone did not absolve him of liability, the court refused the anticipatory bail application.

Issues considered

  • Whether the owner of a vehicle from which narcotics are seized can be granted anticipatory bail under the NDPS Act
  • Whether mere ownership without conscious possession suffices to deny anticipatory bail

Legislation cited

Subjects

  • NDPS Act
  • anticipatory bail
  • vehicle ownership
  • drug seizure
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2103 of 2026
                        Arising Out of PS. Case No.-145 Year-2025 Thana- PUPRI District- Sitamarhi
                 ======================================================
                 Mahendra Sah S/o Late Hitlal Sah (Owner of Motorcycle No. BR30C 5639)
                 R/o Village - Musharniya, P.S - Sonbarsa, District - Sitamarhi

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Devendra Kumar , Advocate
                 For the Opposite Party/s :        Mr. Dr. Indiwar Kumari , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   31-01-2026                           Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Section 8 , 20 ( b ) ( ii ) (B ) of

                   NDPS Act.

                                3 . As per prosecution case , 5 kg ganja was recovered

                   from the seized motorcycle of which this petitioner is registered

                   owner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   only on suspicion .

                                5 . Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.2103 of 2026(2) dt.31-01-2026
                                                        2/2




                      bail of the petitioner and submitted that petitioner is owner of

                      the seized vehicle from which huge quantity of ganja was

                      recovered.

                                   6. Considering the fact that petitioner is owner of the

                      seized vehicle , prayer for anticipatory bail of the petitioner is

                      refused.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U


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