Patna High Court
Kari MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-B)a, 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 317(5)
- Narcotic Drugs and Psychotropic Substances Act — s. 20B, 22, 23, 27(a), 8, II(B)
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
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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
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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
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