Patna High Court
Dashrath Mahto @ Dasrath MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail may be granted in NDPS cases involving commercial quantity of narcotics if the court is satisfied with the bond, sureties, and conditions of personal appearance, notwithstanding prior antecedents.
Summary
Dashrath Mahto was arrested in connection with a case involving the alleged possession of 1.5 kg of charas-like substance, equipment for cutting ATMs, and other items, and was charged under several sections of the Bihar Narcotic Substances (B.N.S.) Act and the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner claimed innocence, argued that the seized narcotic was recovered from a co‑accused and that statutory compliances under Section 103 of the B.N.S. Act and Sections 42, 52A and 55 of the NDPS Act were lacking. The State opposed bail, contending that the quantity seized amounted to a commercial quantity. The court considered the length of custody, the petitioner’s prior criminal antecedents, and the fact that a co‑accused had already been granted bail. It held that bail could be granted subject to a cash bond of Rs. 20,000, two sureties of the same amount, and a condition of personal appearance before the court. The bail application was therefore allowed.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotic quantity is deemed commercial.
- Whether the absence of statutory compliance under Section 103 of the B.N.S. Act and Sections 42, 52A, 55 of the NDPS Act bars bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances (B.N.S.) Act — s. 103, 111, 303(2), 310(4), 310(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 15, 17(c), 18(c), 20(b)(ii)(C), 23, 25, 42, 52A, 55, 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- statutory compliance
- criminal antecedents
- ATM robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24510 of 2026
Arising Out of PS. Case No.-200 Year-2024 Thana- KOTWA District- East Champaran
======================================================
Dashrath Mahto @ Dasrath Mahato Son of Ramashish Mahto Resident of
Village - ParmolaTola Ward No. 03, Police Station - Punaura, District -
Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Adv
For the Opposite Party/s : Mr.Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 14-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
N.D.P.S. Case No. 91 of 2024 (CIS 91/2024), arising out of
Kotwa P.S. Case No. 200 of 2024 dated 23.07.2024 registered
for the offences punishable under Sections 111, 310(4), 310(5),
303(2) of the B.N.S. and Sections 8, 15, 17(c), 18(c), 20(b)(ii)
(C), 23 and 25 of the N.D.P. S. Act.
3. As per the prosecution case, the informant
apprehended the petitioner and other accused persons and
recovered 1 Kg. 50 Gram Charas like substance, mobile phone
and other equipment using in cutting of ATM like blade cutter,
Iron rod etc., from their vehicle. On being asked, the co-accused
Patna High Court CR. MISC. No.24510 of 2026(3) dt.14-05-2026
2/3
Rajesh Kumar disclosed that the accused persons including the
petitioner are friends and they used to cut ATM and are also
indulged in illegal business of narcotic substances. He further
disclosed that other equipment for cutting of ATM has been kept
in the house of Ful Mohammad. Thereafter, a raid at the house
of the co-accused, Ful Mohammad was conducted which led to
recovery of one piece of 2 Kg. LPG, an Oxygen Cylinder of 10
Kg and one gas cutter.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It is further submitted that the yellow -green coloured
bag containing Charas like substance was recovered from the
co-accused Rajesh Kumar with whom the petitioner has no
concern. There is no statutory compliance under Section 103 of
the B.N.S.S., 2023. There is also no statutory compliance under
Sections 42, 52A and 55 of the N.D.P.S. Act. The other co-
accused person has already been granted regular bail by this
court vide order dated 12.05.2025 and 15.07.2025 passed in Cr.
Misc. No. 89494/2024 and 29775 of 2025. The petitioner has
three criminal antecedents as stated in paragraph no. 3 of the
bail petition. He is in custody in this case since 24.07.2024.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.24510 of 2026(3) dt.14-05-2026
3/3
opposed the bail petition of the petitioner and has further
submitted that the seized contraband is commercial quantity.
6. Considering the aforesaid facts and circumstances
of the case as well as the period of custody, the petitioner, above
named, is directed to be enlarged on bail on furnishing bail bond
of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge-1 N.D.P.S. Act, Motihari, East Champaran in
connection with N.D.P.S. Case No. 91 of 2024 arising out of
Kotwa P.S. Case No. 200 of 2024 with the condition:-
(i). The petitioner is directed to remain
physically present before the learned court
below on each and every date, failing which
on two consecutive dates without reasonable
cause, the bail bonds of the petitioner are
liable to be cancelled.
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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