Patna High Court
Deva Mahto @ Devanand ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
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
- Criminal Procedure Code (CrPC) — s. 482
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8
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
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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
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should be close relative of the petitioner.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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