Patna High Court
Sukesh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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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