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Patna High Court

Deva Mahto @ Devanand ChaudhariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, finding insufficient grounds to deny bail.

Summary

The petitioner, Deva Mahto, was implicated in a narcotics case (Shikarpur PS Case No. 422 of 2025) for alleged possession of 10 kg of ganja under Sections 8 and 20(b)(ii)(B) of the NDPS Act. He contended that the narcotic substance was not found in his conscious or physical possession and that his arrest was motivated by personal enmity, emphasizing his clean antecedents. The State opposed his bail application. The Patna High Court, after considering the submissions, decided to grant anticipatory bail, directing his release on bail within four weeks of the order, subject to a bond of Rs. 10,000 with two sureties and additional conditions under Section 482 of the CrPC. The order also required one bailor to be a close relative of the petitioner.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the NDPS Act and Section 482 of the CrPC despite the allegations of possession of 10 kg of ganja.
  • Whether the petitioner’s alleged involvement is a result of false implication and personal enmity, warranting bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • false implication
  • narcotics
  • bail conditions
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22805 of 2026
                  Arising Out of PS. Case No.-422 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Deva Mahto @ Devanand Chaudhari S/o Chandr Mahto R/o Village- Tajpur
                 Sishwa P.S- Bhangaha, Dist- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gyan Prakash
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

3   06-05-2026                  Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Shikarpur P.S. Case No. 422 of 2025 for

                   the offence under Sections 8, 20(b)(ii)(B) of the NDPS Act.

                                3. As per the allegation made in the F.I.R.,

                   recovery of 10 Kg of Gaanja has been made from a bag

                   which is the subject matter of the present case.

                                4.Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in

                   the present case. It is further submitted that no contraband

                   article was recovered either from the conscious or physical

                   possession of the petitioner. The petitioner has no concern
Patna High Court CR. MISC. No.22805 of 2026(3) dt.06-05-2026
                                            2/3




          whatsoever with the alleged recovered narcotic substance,

          namely Gaanja, or with the arrested accused person, namely

          Sheikh Munna. Learned counsel further submits that, from

          perusal of the F.I.R., it appears that the petitioner was not

          apprehended from the place of seizure and has been

          implicated in the present case merely on account of

          previous enmity. It is stated in paragraph 3 of the bail

          application that the petitioner has clean antecedents and has

          never been involved in any criminal case earlier.

                       5. Learned APP opposes the prayer for bail.

                       6. Keeping in view the aforesaid facts, this Court

          is inclined to extend him the privilege of anticipatory bail.

                       7. Let the petitioner be released on bail in the

          event of arrest or surrender within a period of four weeks

          from the date of receipt of this order, on furnishing bail

          bond of Rs. 10,000/- (Ten thousand) each with two sureties

          of like amount each to the satisfaction of learned Exclusive

          Special Judge NDPS, West Champaran, Bettiah,                    in

          connection with Shikarpur P.S. Case No. 422 of 2025

          subject to the conditions as laid down under Section 482 of

          B.N.S.S., as also with the condition that one of the bailors
           Patna High Court CR. MISC. No.22805 of 2026(3) dt.06-05-2026
                                                       3/3




                     should be close relative of the petitioner.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U      T


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