Patna High Court
Shyam MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, denying regular bail to the petitioner.
Summary
The petitioner, Shyam Mahto, applied for regular bail in a case registered as Bela P.S. Case No. 92 of 2026, alleging offences under Section 21(C) of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that a large quantity of nitrazapal, tramadol capsules, spasmoproxivon, codeine‑mixed syrup, and both foreign and Indian currency notes were recovered from the petitioner’s residence. The petitioner contended that he was falsely implicated and has been in custody since 12‑04‑2026, while the State opposed bail, highlighting the seriousness of the drug recovery and the petitioner’s three prior convictions under the same statutes. The Court, noting the substantial quantity of controlled substances, the presence of foreign currency, and the petitioner’s criminal antecedents, declined to grant bail. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner under the NDPS Act and Bihar Prohibition and Excise Act given the nature of the seized contraband and his prior convictions.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(C)
Subjects
- bail
- NDPS Act
- drug offences
- codeine
- excise law
- foreign currency
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41315 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- BELA District- Sitamarhi
======================================================
Shyam Mahto Son of Rajendra Mahto Resident of Village- Sirsiya Bazar,
Ward No. 8, P.S.- Bela, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bela
P.S. Case No. 92 of 2026 registered for the offence punishable
under Sections 21(C) of the NDPS Act and Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, several tables namely
Nitrazapal of different stripes were recovered along with
Tramadol capsule, Spasmoproxivon along with codeine mized
syrup were recovered from the house along with several foreign
and Indian currency notes.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 12.04.2026 have three
Patna High Court CR. MISC. No.41315 of 2026(2) dt.24-06-2026
2/2
antecedents.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the recovery of huge quantity of
codeine along with foreign currency notes and the fact that the
petitioner has three criminal antecedents all under the Bihar
Excise Act and the NDPS Act , I am not inclined to grant bail to
the petitioner.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.