Patna High Court
Mahendra MusaharversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner due to the substantial quantity of ganja recovered.
Summary
The petitioner, Mahendra Musahar, was arrested in connection with a case registered under Sections 8, 20(b)(ii)(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after 127.97 kg of ganja was recovered from a tractor he was driving. He applied for regular bail, having been in custody since 17 November 2025. The prosecution argued that the large quantity of narcotics seized justified denial of bail. The Court, after hearing counsel, noted the seriousness of the offence and the substantial seizure, and consequently declined to grant regular bail. The order emphasized that its observations were limited to the bail application and would not affect the merits of the trial.
Issues considered
- Whether regular bail should be granted to an accused under the NDPS Act when a large quantity of narcotics has been seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29, 8
Subjects
- NDPS Act
- regular bail
- drug trafficking
- large seizure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21836 of 2026
Arising Out of PS. Case No.-495 Year-2025 Thana- DEHRI TOWN District- Rohtas
======================================================
Mahendra Musahar Son of Late Prasadi Musahar Resident of Village-
Mohammadpur, P.S.- Baddi, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Dehri Town P.S. Case No. 495 of 2025 registered for the offence
under Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act.
3. As per the prosecution case, 127.97 Kgs of Ganja
was recovered from the tractor being driven by the petitioner.
The petitioner is in custody since 17.11.2025.
4. Considering the huge recovery of ganja from the
vehicle which was being driven by the petitioner, this Court is
not inclined to grant regular bail to the petitioner.
5. Accordingly, this application for regular bail stands
rejected.
6. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.21836 of 2026(2) dt.07-04-2026
2/2
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner. ,
(Sandeep Kumar, J)
Shishir/-
U T
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