Patna High Court
Mahendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8
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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