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Patna High Court

Rakesh Kumar Mahto @ Rakesh Kr. MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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/-

U


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