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Patna High Court

Sukesh MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petitioners are not entitled to bail; the bail petition is dismissed.

Summary

The petitioners, Sukesh Mahto and Upendra Paswan, were arrested on 14 November 2025 after attempting to flee from Special Security Bureau personnel, during which 15.68 kg of ganja was recovered from sacks they threw. They filed a petition seeking regular bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, claiming innocence, procedural lapses in the search and seizure, and that the quantity seized was below commercial threshold. The State opposed the bail, emphasizing the seriousness of the offence and the circumstances of the arrest. The court examined the facts, noting the attempt to escape and the substantial quantity of narcotics, and concluded that the petitioners did not merit bail. Consequently, the bail petition was rejected.

Issues considered

  • Whether the petitioners are entitled to regular bail under the NDPS Act in view of the facts of the case

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • drug trafficking
  • search and seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3495 of 2026
                     Arising Out of PS. Case No.-302 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
           1.     Sukesh Mahto S/O Ram Prasad R/O Village- Laxaminiya, Ward No.-07,P.S-
                  Kanti Baar, District - Mohotary (Nepal)
           2.    Upendra Paswan S/O Laxmi Paswan R/O Village- Sangrampur, Ward No.
                 07, P.S- Sangrampur, Distt.- Sarlahi (Nepal).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Devendra Kumar
                 For the State            :       Mr. Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   17-02-2026                          Heard learned counsel for the petitioners as well

                   as learned APP for the State.

                                    2. In this case, the petitioners are seeking regular

                   bail in connection with Sonbarsa P.S. Case No. 302 of 2025,

                   registered for the offences punishable under Sections 8/20(b)(iii)

                   (B) of the NDPS Act.

                                    3. As per the prosecution case, on 14.11.2025, on

                   secret information, SSB personnel reached near Sonbarsa. On

                   seeing the SSB personnel, the petitioners attempted to flee,

                   throwing sacks from their heads. They were apprehended after a

                   little chase. On search, 15.680 kg of ganja was recovered from

                   the sacks thrown by them.
             Patna High Court CR. MISC. No.3495 of 2026(3) dt.17-02-2026
                                                         2/2




                                         4. The learned counsel for the petitioners has

                       submitted that the petitioners are innocent and have falsely been

                       implicated in the present case. It has further been submitted that

                       the procedures of search and seizure were not followed. The

                       quantity of recovered contraband (ganja) is less than the

                       commercial quantity. It has further been submitted that the

                       petitioners are persons of clean antecedent and are in custody

                       since 16.11.2025.

                                     5. On the other hand, the learned APP for the State

                       has opposed the prayer for bail.

                                      6. The petitioners, after seeing the members of

                       S.S.B., started fleeing away throwing sacks, from which, 15.680

                       kg of ganja has been recovered.

                                      7. Considering the above-mentioned facts and

                       circumstances, the petitioners do not deserve bail. Accordingly,

                       it is rejected.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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