Patna High Court
Rakesh Kumar Mahto @ Rakesh Kr. MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail is denied as the seized quantity exceeds the commercial limit and Section 37 of the NDPS Act bars bail.
Summary
The petitioner, Rakesh Kumar Mahto, was arrested in connection with a narcotics case where a police search recovered 1.424 kg of smack, of which 515.31 g was allegedly found on him. He applied for bail, asserting his innocence, lack of prior criminal record, and contending that the charge sheet was filed without a forensic laboratory report and without compliance of Sections 42 and 50 of the NDPS Act. The State opposed bail, arguing that the quantity seized exceeds the commercial limit, invoking the bar on bail under Section 37 of the NDPS Act. The Court examined the statutory provisions and the fact that the contraband exceeded the commercial quantity, concluding that the statutory bar applied. Consequently, the Court rejected the bail petition, denying the petitioner’s release.
Issues considered
- Whether bail can be granted when the seized narcotic quantity exceeds the commercial quantity under Section 37 of the NDPS Act.
- Whether non‑compliance of procedural requirements under Sections 42 and 50 and the absence of a forensic report affect the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 22(c), 29, 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- drug possession
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2386 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- RAUTARA District- Katihar
======================================================
Rakesh Kumar Mahto @ Rakesh Kr. Mahto S/o Ashok Kumar Mahto R/o-
Musapur, P.S.- Korha, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in N.D.P.S. Case No. 88 of
2025, arising out of G.R. No. 3244/2025, Rautara P.S. case No.
88 of 2025 instituted for the offences under Sections 8(c),
21(c), 22(c) and 29 of N.D.P.S. Act.
3. Prosecution allegation, in short, is that on a search
made by the police total 1.424 kg smack was recovered out of
which 515.31 gram smack was recovered from the petitioner.
4. learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 11.06.2025 and
has got no criminal antecedent. Charge-sheet has been
Patna High Court CR. MISC. No.2386 of 2026(2) dt.06-02-2026
2/2
submitted in this case. There is no allegation of tampering of
witnesses alleged against the petitioner. Learned counsel
further submits charge-sheet has been submitted without F.S.L.
report. No incriminating material has been recovered from the
conscious possession of the petitioner. There is no compliance
of Sections 42 and 50 of N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Learned
A.P.P. submits that recovered contraband is above the
commercial quantity, hence, there is bar under Section 37 of the
N.D.P.S. Act.
6. Considering the aforesaid facts and circumstances
of the case and recovery of contraband beyond commercial
quantity coupled with embargo under Section 37 of the
N.D.P.S. Act, this Court is not inclined to grant bail to the
petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J)
Pankaj/-
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