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Patna High Court

Sikandar MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail cannot be granted where the accused is alleged to have possessed a commercial quantity of narcotic drugs unless the court is satisfied on both limbs of Section 37 of the NDPS Act, which was not the case here.

Summary

The petitioner, Sikandar Mahto, was arrested for possession of 59 kg of ganja, a commercial quantity under the NDPS Act. He applied for bail, contending that the prosecution had not proved his guilt. The court examined the stringent requirements of Section 37 of the NDPS Act, which mandates that bail be granted only if the court is satisfied on two limbs: reasonable grounds to believe the accused is not guilty and that he is unlikely to re‑offend. Citing the Supreme Court’s decision in Union of India v. Ajay Kumar Singh (2023 SCC OnLine SC 346), the court found no material to satisfy either limb. Consequently, the bail application was rejected. The order is limited to the bail application and does not prejudice the merits of the underlying criminal trial.

Issues considered

  • Whether bail can be granted to an accused of possession of a commercial quantity of narcotic drugs under Section 37 of the NDPS Act.
  • Whether the court is satisfied that the petitioner is not prima facie guilty and is unlikely to commit a similar offence if released on bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37
  • narcotic drugs
  • presumption of guilt
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33747 of 2026
                    Arising Out of PS. Case No.-11 Year-2026 Thana- SAHARGHAT District- Madhubani
                 ======================================================
                 Sikandar Mahto S/O Puneshwar Mahto Resident of Village- Bara Tole,
                 Sharghat, P.S- Saharghat, Distt.- Madhubani, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shri Prakash Tiwari, Advocate
                 For the Opposite Party/s :      Mr.Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   24-06-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Saharghat P.S. Case No. 11 of 2026, registered for offences

                   punishable under Sections 8/20(b)(ii)(C)/22(c) of the Narcotic

                   Drugs and Psychotropic Substances Act, 1985 (hereinafter, "the

                   NDPS Act").

                                3. The case of the prosecution is that 59 kg of ganja

                   was recovered from the possession of the petitioner. The

                   recovered quantity is admittedly of commercial quantity within

                   the meaning of the NDPS Act.

                                4. Where a case involves recovery of commercial

                   quantity of narcotic drugs, the rigours of Section 37 of the

                   NDPS Act come squarely into play. The said provision
Patna High Court CR. MISC. No.33747 of 2026(3) dt.24-06-2026
                                            2/3




          mandates that no person accused of an offence involving

          commercial quantity shall be enlarged on bail unless the Court

          is satisfied that there are reasonable grounds for believing that

          the accused is not guilty and is not likely to commit any such

          offence while on bail. The Hon'ble Supreme Court, in Union of

          India vs. Ajay Kumar Singh @ Pappu reported in 2023 SCC

          OnLine SC 346, reiterated that in cases involving commercial

          quantity of ganja, the Court must record its satisfaction on both

          limbs of the twin conditions before bail can be granted. No such

          satisfaction can be recorded on the facts of the present case.

          Nothing has been placed before this Court to indicate any basis

          for believing that the petitioner is not prima facie guilty of the

          offences alleged, nor is there any material to suggest he would

          not re-offend if enlarged on bail. The rigour of Section 37 thus

          operates in full force, and this Court is not inclined to grant bail

          to the petitioner.

                       5. Accordingly, the prayer for bail of the petitioner is

          hereby rejected.

                       6. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations

          shall not be construed as an expression on the merits of the case
           Patna High Court CR. MISC. No.33747 of 2026(3) dt.24-06-2026
                                                       3/3




                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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