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Patna High Court

Indal MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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