Patna High Court

Mahendra Rai @ Mahendra KumarversusThe State of Bihar

Decided: 1 May 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner, directing release on bond with conditions.

Summary

The petitioner, Mahendra Rai, sought regular bail in a case registered under Sections 8(c), 21(c) and 29 of the NDPS Act, alleging that the brown sugar seized (296 grams) was recovered from a co‑accused and not from his possession. He contended that the FIR was lodged by a Labour Enforcement Officer who lacks jurisdiction to file NDPS cases, and that his name does not appear in the co‑accused’s confessional statement. The State opposed the bail, highlighting the petitioner’s four prior similar offences and his custody since 2 March 2026. The Court examined the lack of direct recovery from the petitioner, the jurisdictional argument, and the antecedent record, and decided to grant bail. Accordingly, the petitioner was released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to a condition that he not commit similar offences in the future.

Issues considered

Whether regular bail should be granted to the petitioner under the NDPS Act despite prior similar offences.
Whether the Labour Enforcement Officer had jurisdiction to register an FIR under the NDPS Act.
Whether the absence of contraband in the petitioner’s conscious possession and lack of mention in the co‑accused’s statement warrant bail.

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 29, 8(c)

Subjects

bail
NDPS Act
jurisdiction
prior criminal antecedents
regular bail
brown sugar seizure
co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29614 of 2026
                   Arising Out of PS. Case No.-164 Year-2025 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
                 Mahendra Rai @ Mahendra Kumar Son of Bhukhlu Rai @ Bhukhal Rai
                 Resident of Village -Bidupur Dih @ Bidupur, Near Khilwat katariya temple
                 PS -Bidupur Dist- Vaishali


                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :      Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for grant of regular bail

                   in connection with a case registered for the offences punishable

                   under Sections 8(c), 21(c) and 29 of the NDPS Act.

                                 3. The case of the prosecution, in brief, is that a total

                   of 296 grams of brown sugar was recovered from the possession

                   of the co-accused.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in the
Patna High Court CR. MISC. No.29614 of 2026(2) dt.01-05-2026
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          present case. It is further submitted that, from the perusal of the

          F.I.R. itself, it appears that the case has been instituted by the

          Labour Enforcement Officer (in short, L.E.O.), who has no

          jurisdiction to lodge a case under the NDPS Act. It is further

          submitted that nothing has been recovered from the conscious

          possession of the petitioner, nor has his name surfaced in the

          confessional statement of the co-accused, Chandan Kumar. It is

          also submitted that the said co-accused, Chandan Kumar, has

          already been granted bail by this Court vide Cr. Misc. No.

          17266 of 2026. However, it is admitted that the petitioner has

          criminal antecedents in four cases of similar nature. The

          petitioner is in judicial custody since 02.03.2026.

                       5. Learned APP for the State has opposed the prayer

          for regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this Court is inclined to enlarge the petitioner on

          bail.

                       7. Accordingly, the above-named petitioner is directed

          to be released on bail in connection with Ganga Bridge P.S.

          Case No. 164 of 2025 on furnishing bail bonds of Rs. 10,000/-

          (ten thousand) with two sureties of the like amount each to the

          satisfaction of the learned Sessions-cum-Special Judge, NDPS
            Patna High Court CR. MISC. No.29614 of 2026(2) dt.01-05-2026
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                      Act, Vaishali, subject to the condition that the petitioner shall

                      not indulge in offences of a similar nature in future.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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