Patna High Court

Sanjay Mahto @ Sanjay KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court held that bail should be granted to the petitioner, subject to a bond and sureties.

Summary

The petitioner, Sanjay Mahto, was arrested in connection with a case alleging possession of 15.38 grams of a narcotic substance, cash and a motorcycle, which were recovered from a co-accused, Kundan Kumar. The petitioner contended that no contraband was found in his possession, the motorcycle belonged to the co-accused's brother, and he had no prior criminal record. The State opposed his regular bail application under Sections 21(b) and 22 of the NDPS Act. After hearing both sides, the court considered the lack of direct evidence linking the petitioner to the seized items and his custodial period since October 2025. The court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, and allowed the application.

Issues considered

Whether the petitioner is entitled to regular bail under Sections 21(b) and 22 of the NDPS Act despite the alleged possession of narcotics.
Whether the evidence recovered from the co-accused sufficiently implicates the petitioner.
Whether the petitioner’s custodial period and lack of prior record justify granting bail.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22

Subjects

bail
NDPS Act
regular bail
narcotic possession
criminal procedure
drug offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2738 of 2026
                     Arising Out of PS. Case No.-669 Year-2024 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Sanjay Mahto @ Sanjay Kumar Son of Utam Mahto @ Utim Mahto R/o -
                 Mohalla- Butanbari, P.S - Chapra Town, District – Saran.



                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER


3   23-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seeks regular bail in Chapra Town

                   P.S. Case No. 669 of 2024 dated 09.11.2024, registered under

                   Sections 21(b) and 22 of the Narcotic Drugs and Psychotropic

                   Substances Act, 1985.

                                 3. The allegation is of recovery of 15.380 grams of a

                   smack-like substance kept in fifteen packets wrapped in white-

                   colored paper along with currency notes amounting to Rs.

                   1,300/- and a black-colored Apache motorcycle bearing

                   Registration No. BR-04AH-5322 from the possession of the co-
Patna High Court CR. MISC. No.2738 of 2026(3) dt.23-02-2026
                                            2/3




          accused, Kundan Kumar. It is further alleged that the said co-

          accused disclosed the name of the petitioner who allegedly

          managed to flee away after seeing the police party.

                       4.Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in the

          present case. It is submitted that no contraband has been

          recovered either from the conscious possession or from the

          house of the petitioner; rather, the alleged illicit contraband was

          recovered from the possession of the co-accused, Kundan

          Kumar. It is further submitted that the motorcycle allegedly used

          in the commission of the offence belongs to the brother of the

          said co-accused. Lastly, it is submitted that the petitioner has

          been in custody since 26.10.2025 and has no criminal

          antecedents.

                       5. Learned Additional Public Prosecutor for the State

          has opposed the prayer.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned Court of Sessions Judge

          -cum-Special Judge, Saran at Chapra in connection with Chapra
           Patna High Court CR. MISC. No.2738 of 2026(3) dt.23-02-2026
                                                       3/3




                     Town P.S. Case No. 669 of 2024.

                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U

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