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Patna High Court

Mahamaya Rai @ Mahamaya YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner was not prima facie liable under the NDPS Act and granted anticipatory bail.

Summary

The petitioner, Mahamaya Rai, was named in an FIR for alleged offences under the NDPS Act after 46 kg of ganja was recovered from his ancestral house. While the police raided the premises, his two sons fled but were later apprehended; however, no direct disclosure linked the petitioner to the contraband. The petitioner argued that he did not have knowledge or control over the seized narcotics and that the presumption of knowledge under Section 35 of the NDPS Act should not apply to him. The State could not refute these factual submissions. Relying on the lack of prima facie evidence and the petitioner’s lack of culpable mental state, the court granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the NDPS Act.

Issues considered

  • Whether the petitioner can be held liable for possession of ganja under the NDPS Act despite lack of knowledge or control.
  • Whether the presumption of knowledge under Section 35 of the NDPS Act applies to the petitioner.
  • Whether anticipatory bail is appropriate in the circumstances.

Legislation cited

  • Bharatiya Nagarik Suraksha Sanhita (NDPS Act) — s. 20(b)(ii)(c), 22(c), 25, 35, 37, 8
  • Criminal Procedure Code — s. 438(2), 482(2)

Subjects

  • anticipatory bail
  • NDPS Act
  • possession
  • presumption of knowledge
  • father-son liability
  • contraband
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40757 of 2026
                     Arising Out of PS. Case No.-407 Year-2025 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Mahamaya Rai @ Mahamaya Yadav Son of Late Rambali Ray Resident
                 at Jakkanpur, Janata Road, P.S.- Gardanibagh, District- Patna.
                                                                                 ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.P.N.Shahi, Sr. Advocate
                                                 Mr.Ganesh Prasad Singh, Advocate
                 For the Opposite Party/s :      Mr.Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-06-2026               Heard Mr. P.N. Shahi, learned senior counsel for the

                   petitioner and learned APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Gardanibagh

                   P.S. Case No. 407 of 2025 registered for the offences

                   punishable under Sections 8, 20(b()(ii)(c), 22(c), 25 of the

                   N.D.P.S. Act.

                             3. As per FIR, 46 kg. Ganja was recovered from the

                   house of this petitioner. It is alleged that while police raided

                   the house of the petitioner, his two sons namely, Pintu

                   Kumar and Chintu Kumar were fled away from the house

                   by taking advantage of night and narrow street.

                             4. Mr. P.N. Shahi, learned senior counsel appearing
Patna High Court CR. MISC. No.40757 of 2026(2) dt.24-06-2026
                                            2/4




          on behalf of the petitioner submitted that admittedly only

          two co-accused persons namely, Pintu Kumar and Chintu

          Kumar, who are the sons of this petitioner, ran away and

          after chase for a short, were arrested by police. It is

          submitted by Mr. Shahi that even no disclosure was

          obtained from the apprehended co-accused persons and

          only on the basis of relation and suspicion as the petitioner

          is the father of apprehended co-accused persons, he has

          been implicated with present recovery of contraband i.e.

          Ganja.

                   5. It is submitted by Mr. Shahi that earlier also the

          son of the petitioner was apprehended in Jakkanpur P.S.

          Case No. 548/2025, where name of this petitioner was

          disclosed by one of the co-accused, who was said to be

          purchaser of Ganja disclosed the name of this petitioner

          where he was granted anticipatory bail by the learned trial

          court itself.

                   6.      Arguing further, Mr. Shahi submitted that

          petitioner is not living in the said house which is completely

          under control of his sons and as the house in issue is

          ancestral house, he was implicated with the present crime in
Patna High Court CR. MISC. No.40757 of 2026(2) dt.24-06-2026
                                            3/4




          question being father.

                   7. It is submitted that in view of aforesaid fact, it

          can be safely said that petitioner was not under culpable

          mental state having possession over recovered Ganja in

          view of section 35 of the N.D.P.S. Act and, therefore,

          factual scenario of this case prima facie not appears to

          attract the rigors of section 37 of the N.D.P.S. Act.

                   8. Learned A.P.P. for the State, while opposing the

          prayer for anticipatory bail of the petitioner, could not

          disputed the aforesaid factual submission as advanced by

          Mr. P.N. Shahi, learned senior counsel for the petitioner.

                   9. In view of aforesaid factual submissions and by

          taking note of the fact as the name of this petitioner not

          even disclosed by apprehended co-accused persons, rather

          on the basis of suspicion and secret information received

          from unknown source, the petitioner was implicated prima

          facie with present recovery of contraband i.e. Ganja only

          being      father      of     apprehended            co-accused   persons,

          accordingly, above-named petitioner, in the event of his

          arrest/surrender within a period of four weeks from this

          order, is directed to be enlarged on bail on furnishing of bail
           Patna High Court CR. MISC. No.40757 of 2026(2) dt.24-06-2026
                                                       4/4




                     bond of Rs.10,000/- (ten thousand only) with two sureties

                     of the like amount each to the satisfaction of learned

                     Sessiions         Judge/Special             Judge,      N.D.P.S.     Act,

                     Patna/concerned court in connection with Gardanibagh P.S.

                     Case No. 407 of 2025, subject to the conditions as laid

                     down under Section 438(2) of the Cr.P.C/Section 482(2) of

                     the     Bhartiya       Nagarik        Suraksha       Sanhita   (in   short

                     “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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