Patna High Court
Chandan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bihar Narcotic Substances (B.N.S.S.) Act — s. 103
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 29, 35, 50, 50(a), 8(c)
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.