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Patna High Court

Chandan MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs. 10,000, two sureties and conditions of personal appearance.

Summary

Chandan Mahto was arrested in Darbhanga for alleged offences under Sections 8(c), 21(c), 29 and 35 of the NDPS Act, with a seizure of various psychotropic substances and other items. The petitioner argued that the mandatory provisions of Sections 50 and 50(a) of the NDPS Act were not complied with and that there was no independent witness to the search, violating Section 103 of the B.N.S.S. He also highlighted that the seized drugs were medicinal. The State opposed bail, citing two prior criminal antecedents, although the petitioner was already on bail in those matters. The Court examined the procedural lapses and the petitioner’s custody since February 2026, and, considering the circumstances, granted bail on a bond of Rs. 10,000 with two sureties and specific conditions of appearance. The order emphasizes compliance with procedural safeguards while balancing the petitioner’s right to liberty.

Issues considered

  • Whether the failure to comply with Sections 50 and 50(a) of the NDPS Act and the lack of an independent witness under Section 103 of the B.N.S.S. justify granting bail.
  • Whether the petitioner’s prior criminal antecedents warrant denial of bail in the present NDPS case.
  • Whether bail is appropriate despite the seizure of substantial quantities of controlled substances.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • procedural violation
  • search and seizure
  • drug offence
  • criminal antecedents
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36518 of 2026
                    Arising Out of PS. Case No.-38 Year-2026 Thana- DARBHANGA District- Darbhanga
                 ======================================================
                 Chandan Mahto S/O Sitaram Mahto Resident of Bhagwandas Mohalla
                 -Lalbagh ward no.20 P.S.- Town District - Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Virendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   11-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 8(c), 21(c), 29 and 35 of

                   the N.D.P.S. Act.

                                   3. As per the prosecution case, there is a recovery

                   of Pyeevon spas plus batch no. Pyecl 157 (76 capsul), Spasmo-

                   Proxyvon plus batch no.XAA10604 and XAA10280 (76

                   capsul)      and     Alprazolam        Tablets     IP    Anxit-05       batch

                   no.AXBS0104 (235 tablets) from a black polythene carried by

                   the petitioner and a mobile phone and cash were also recovered

                   from his pocket.

                                   4. Learned counsel for the petitioner submits that

                   the mandatory provisions of Sections 50 and 50(a) of the
Patna High Court CR. MISC. No.36518 of 2026(2) dt.11-06-2026
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          N.D.P.S. Act were not complied with. It is further submitted

          that there is no independent witness to the search and seizure,

          as such, there is violation of Section 103 of the B.N.S.S. It is

          next submitted that the seized articles are psychotropic

          substances used as medicine. The petitioner is in custody since

          17.02.2026 and charge-sheet has already been submitted.

                          5. Learned APP for the State opposed the grant of

          bail on the ground that the petitioner has two criminal

          antecedents. However, in response it has been submitted that

          the petitioner is on bail in both the cases.

                         6. Taking into consideration the facts and

          circumstances of the case, let the above named petitioner, be

          released on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Special Judge, NDPS,

          Darbhanga/concerned Court below in connection with Town

          P.S. Case No. 38 of 2026 subject to condition that:-

                         (i)       One of the bailors shall be a family

          member/close relative.

                         (ii) The petitioner shall remain physically present

          in court on each and every date during trial and in the event of

          failure on two consecutive dates without sufficient reasons, his
              Patna High Court CR. MISC. No.36518 of 2026(2) dt.11-06-2026
                                                          3/3




                        bail bonds shall be liable to be cancelled by the learned court

                        concerned.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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