Patna High Court
Vimal Kumar Mahto @ Bantha @ Vimal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted subject to conditions, despite the NDPS charges, due to the small quantity recovered and procedural irregularities.
Summary
The petitioner, Vimal Kumar Mahto, was arrested after a police raid recovered 16.10 grams of heroin from his residence, leading to charges under Sections 8(c), 21(b), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act. He applied for bail, claiming innocence, lack of an independent witness to the seizure list, absence of a forensic laboratory report confirming the substance as heroin, and that the quantity seized was below the commercial threshold. The State opposed, arguing that the petitioner is a habitual offender with prior similar cases. The court considered the modest quantity, the procedural deficiencies in the seizure documentation, the petitioner’s custody duration since 22‑10‑2025, and the filing of the charge‑sheet. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions under Section 480(3) of the Bihar NDPS Act, including attendance in court and a relative as one bailor.
Issues considered
- What is the appropriate bail disposition for an accused under the NDPS Act when a small quantity of heroin is recovered and procedural lapses exist in the seizure process?
- Does the petitioner’s antecedent record and alleged habitual nature preclude the grant of bail?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 22, 29, 8(c)
Subjects
- bail
- NDPS Act
- heroin
- quantity of contraband
- procedural lapse
- seizure list
- forensic report
- antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3494 of 2026
Arising Out of PS. Case No.-1294 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Vimal Kumar Mahto @ Bantha @ Vimal Kumar S/o- Late Dashai Mahto
R/V- Nakhash Chowk, Mitha Kuan PS- Hajipur Town Dist- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Hajipur Town P.S. Case No. 1294 of 2025
registered for the alleged offences under Sections 8(c), 21(b), 22
and 29 of the Narcotic Drugs and Psychotropic Substances Act.
03. As per prosecution case, on getting information
about the petitioner keeping heroin in his house and dealing
with the same, a raid was conducted in the house of the
petitioner and recovery of 16.10 grams of heroin was made from
the house of the petitioner.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Learned counsel further submits that it is a joint house
Patna High Court CR. MISC. No.3494 of 2026(2) dt.28-01-2026
2/3
from which recovery has been shown and the petitioner cannot
be fastened with the liability of recovery of heroin from the
house. There is no independent witness to the seizure list and
the same has been prepared without following the mandate of
law. In fact, nothing incriminating has been recovered from the
conscious possession of the petitioner. The quantity of
contraband recovered from the house of the petitioner is much
less than the commercial quantity, though it is more than the
small quantity. No FSL report has been produced to show that
the seized contraband is heroin. Learned counsel further submits
that the petitioner is having antecedent of three case and is on
bail in all such cases. The petitioner is in custody since
22.10.2025 and charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that the
petitioner appears to be a habitual offender and is also having
antecedent of one case of similar nature.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
quantity of contraband recovered and further considering the
period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
Patna High Court CR. MISC. No.3494 of 2026(2) dt.28-01-2026
3/3
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Sessions Judge, Vaishali at Hajipur/court
concerned in connection with Hajipur Town P.S. Case No. 1294
of 2025, subject to the conditions mentioned in Section 480(3)
of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
Checking your session…