Created by Fuzzy Cloud

Patna High Court

Kari MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to strict conditions.

Summary

Kari Mahto was arrested in Sitamarhi on allegations of possessing five kilograms of ganja and a pistol, and was charged under section 317(5) of the Bihar Narcotic Substances Act, 2023, several provisions of the NDPS Act and the Arms Act. He had been in custody since 6 December 2024 and his earlier bail application was rejected. The petitioner argued that the charge had not yet been framed, that the prolonged custody and trial delay warranted bail, and that he would cooperate with the proceedings. The Patna High Court, noting the nature of the allegations, the length of detention and the pending trial, allowed the bail application subject to a bond of Rs 10,000 with two blood‑relative sureties and several conditions, including verification of no prior NDPS offences and regular police‑station attendance. The order directed the Special Judge (NDPS) to verify the petitioner’s criminal antecedent before accepting the bail bond.

Issues considered

  • Whether regular bail should be granted despite serious drug and arms offences.
  • Whether the absence of framed charges and the delay in trial justify bail.
  • What conditions may be imposed on bail under the NDPS and Arms Acts.

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • Arms Act
  • delay in trial
  • charge framing
  • criminal antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.2319 of 2026

                    Arising Out of PS. Case No.-165 Year-2024 Thana- KANHAULI District- Sitamarhi

                 ======================================================
                 Kari Mahto S/o Late Suresh Mahto @ Suresh Mahato R/o Village- Indarwa,
                 Ward No. 2, P.S.- Kanhauli, Dist.- Sitamarhi

                                                                                    ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Virendra Kumar, Advocate
                 For the Opposite Party :         Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                    Heard learned counsel for the petitioner and

                   learned APP for the State.

                                  2.        The    petitioner     seeks        regular    bail      in

                   connection with Kanhauli P.S. Case No.165 of 2024 registered

                   for the offence under section 317(5) of the B.N.S., 2023, under

                   sections 8/20B/II(B)/22/23/27(a) of the N.D.P.S. Act and under

                   sections 25(1-B)a, 26 and 35 of the Arms Act.

                                  3.        Earlier, the prayer of the petitioner for grant

                   of bail was rejected by this Court vide order dated 07.05.2025

                   passed in Criminal Miscellaneous No.28843 of 2025.

                                  4.        It is alleged that about five Kg. of ganja and

                   one pistol has been recovered from the petitioner.

                                  5.        The    petitioner      is     in     custody      since

                   06.12.2024.
Patna High Court CR. MISC. No.2319 of 2026(2) dt.12-02-2026
                                            2/3




                          6.      It has been submitted by learned counsel for

          the petitioner that even the charge has not been framed in this

          case.

                          7.      Considering the nature of allegation, the

          period of custody of the petitioner and delay in trial, this bail

          application is allowed.

                          8.      Let the petitioner, above named, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Special Judge (NDPS), Sitamarhi / concerned Court

          below, in connection with Kanhauli P.S. Case No.165 of 2024,

          subject to the conditions that both the bailors will be the blood

          relatives of the petitioner and further the petitioner will

          cooperate in the trial and will appear personally or through his

          advocate on the date fixed in the trial.

                          9.      At the time of accepting bail bonds of the

          petitioner, the Court below will verify the criminal antecedent of

          the petitioner under NDPS Act. The bail bonds of the petitioner

          shall only be accepted if it is found that, save and except the

          present one, he has no other criminal antecedent under the

          NDPS Act.

                          10.     This is also subject to the condition that the
            Patna High Court CR. MISC. No.2319 of 2026(2) dt.12-02-2026
                                                        3/3




                      petitioner, after being released on bail, is directed to mark his

                      attendance at Kanhauli Police Station, District- Sitamarhi on

                      every Sunday of the month. Any default in appearance at the

                      police station will result in cancellation of bail bonds of the

                      petitioner.

                                                              (Sandeep Kumar, J)

pawan/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.