Patna High Court
Mahendra Ray @ Mahendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail may be granted in the present case, subject to strict conditions, despite the nature of the offence and the petitioner’s antecedents.
Summary
Mahendra Ray (also known as Mahendra Kumar) was arrested in connection with Jandaha Police Station Case No. 85 of 2026 under Sections 8(c), 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 13.72 grams of heroin recovered from co‑accused Rahul Kumar. The petitioner contended that he had no possession of the contraband, that his name was linked only through a co‑accused’s confessional statement, and that the police seizure violated Section 105 of the Bihar Narcotic Substances (Control) Act. He also argued that the quantity seized was far below commercial quantity and that he had been in judicial custody since 7 March 2026. The State opposed bail, citing four prior similar offences against the petitioner. After hearing both sides, the High Court granted bail subject to a bond of Rs.10,000, two sureties of equal amount, regular attendance before the court and the police station, and a condition that the petitioner not engage in similar offences in the future.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act for possession of a small quantity of narcotics.
- Whether the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act affects the validity of the seizure and the bail decision.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the quantity of heroin seized qualifies as ‘commercial quantity’ under the NDPS Act.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 29, 8
Subjects
- bail
- NDPS Act
- drug possession
- seizure procedure
- prior criminal antecedent
- confessional statement
- commercial quantity
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34139 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- JANDAHA District- Vaishali
======================================================
Mahendra Ray @ Mahendra Kumar Son of Bhukhlu Rai Resident of Village-
Bidupur Dih, P.S.- Bidupur, District- 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. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Jandaha P.S. Case No. 85 of 2026 registered for the offence
punishable under Sections 8(c), 21(b) and 29 of the N.D.P.S.
Act.
3. The case of the prosecution, in short, is that from
the possession of one Rahul Kumar, 13.72 grams of heroin like
contraband was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the name of the petitioner has been
surfaced on the basis of confessional statement of co-accused.
Patna High Court CR. MISC. No.34139 of 2026(2) dt.18-05-2026
2/3
He further submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that the alleged recovery of contraband is though more than
small quantity but is much less than commercial quantity.
Moreover, the petitioner is languishing in judicial custody since
07.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of four cases of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall not indulge himself in similar nature
of offences in future, shall cooperate in trial, shall remain
physically present on each and every date fixed by the
learned court below, one of the bailors shall be his near
relative and shall also mark his weekly attendance at
Bidupur P.S. The above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.34139 of 2026(2) dt.18-05-2026
3/3
satisfaction of the learned Principal District & Sessions Judge,
Vaishali at Hajipur in connection with Jandaha P.S. Case No. 85
of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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