Patna High Court
Gopi Mahto@Gopi Chandra MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Gopi Mahto was arrested after police recovered 13.8 kg of ganja from his backpack in a case under Section 111(2) of the Bihar Narcotic Substances Act and several provisions of the NDPS Act. The petitioner claimed innocence, alleging procedural violations of Section 105 of the BNSS Act and that the seizure witnesses were police officers, and argued that the quantity, though above the ‘small’ limit, was far below a commercial amount and that he had no conscious possession or prior criminal record. The State opposed the bail. The court, noting the procedural lapses, the non‑commercial quantity, the petitioner’s clean record and the grant of bail to similarly situated co‑accused, ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether regular bail can be granted under the NDPS Act for a person alleged to possess a quantity of narcotic exceeding the small‑quantity threshold but below commercial quantity, considering alleged procedural lapses and lack of prior record.
Legislation cited
- B.N.S. Act — s. 105, 111(2)
- NDPS Act — s. 20(b)(ii)(c), 23(c), 25, 29, 8
Subjects
- bail
- NDPS Act
- narcotics
- quantity of contraband
- procedural lapse
- Section 105
- conscious possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22006 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- HARPUR District- East Champaran
======================================================
Gopi Mahto@Gopi Chandra Mahto, S/o Mahendra Mahto, Resident of
Village- Sagar Churaman, P.s.- Kesariya, District- East Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-04-2026 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 Section 111(2) of
B.N.S. read with Sections 8, 23(c), 20 (b)(ii)(c), 25 and 29 of the
NDPS Act.
3. The case of the prosecution is that from the
backpack of this petitioner, altogether 13.8 Kg. of ‘ganja’ was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that while
making seizure, police have not complied Section 105 of the
BNSS Act and the witnesses of the seizure list are police
personnel. It has also been submitted that the quantity of
Patna High Court CR. MISC. No.22006 of 2026(2) dt.07-04-2026
2/2
contraband, which has been recovered from the possession of this
petitioner, is though more than small quantity but much less than
commercial quantity. Nothing has been recovered from the
conscious possession of this petitioner. Moreover, the petitioner is
languishing in judicial custody since 26.05.2025 having no
criminal antecedent. Learned counsel has further submitted that
similarly situated other co-accused persons have been granted bail
by this Court vide Cr. Misc. No. 84037 of 2025 and 10648 of
2026.
5. Learned APP appearing for the State has opposed the
prayer of regular bail.
6. Considering the aforesaid 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 Harpur P.S. Case No. 68 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 Exclusive Special
Judge, Court No.II, under NDPS Act, East Champaran.
(Ashok Kumar Pandey, J)
lata/-
U T
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