Patna High Court
Indal MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
Indal Mahto was arrested in connection with a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 267 grams of ganja and 495 grams of charas recovered from his tea shop. The petitioner sought regular bail, claiming he was falsely implicated and that the drugs were not in his conscious possession, while also noting a prior criminal antecedent. The State opposed bail, emphasizing the quantity of narcotics recovered and the petitioner’s criminal record. Justice Sandeep Kumar considered the seriousness of the offences under Sections 8(c), 20(b)(ii)(C) and 27 of the NDPS Act and the presence of a prior conviction. The Court declined to grant bail, dismissing the application, and clarified that the order was limited to the bail application and did not prejudice the trial’s merits.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act for alleged possession of ganja and charas.
- Whether the presence of a prior criminal antecedent justifies denial of bail.
- Whether the accused had conscious possession of the seized narcotics.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 27, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- possession
- criminal antecedent
- tea shop
- recovery
- Section 8(c)
- Section 20(b)(ii)(C)
- Section 27
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45634 of 2026
Arising Out of PS. Case No.-248 Year-2026 Thana- SURSAND District- Sitamarhi
======================================================
Indal Mahto S/o Late Gulten Mahto R/o - Ward No. 06, Village and P.S -
Sursand, District - Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India through Shashatra Sima Bal Delhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Jha, Advocate
For the State : Mr.Manoj Kumar, APP
For the UOI : Mr. Narendra Kumar Singh, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the Union of India.
2. The petitioner seeks bail in connection with
Sursand P.S. Case No. 248 of 2026 registered for the offence
punishable under Sections 8(c), 20(b)(ii)(C) and 27 of the
N.D.P.S. Act.
3. As per the prosecution case, there is recovery of
267 grams of ganja and 495 grams of charas from the tea shop
of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Learned counsel further submits that nothing has been
recovered from the conscious possession of the petitioner. The
Patna High Court CR. MISC. No.45634 of 2026(2) dt.09-07-2026
2/2
petitioner is in custody since 13.05.2026 having one criminal
antecedent.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the recovery of ganja as well as charas
together with the fact that the petitioner has a criminal
antecedent of criminal nature, 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
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