Patna High Court
Suresh Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Suresh Kumar Mehta, was arrested in connection with NDPS Case No. 115 of 2025 and charged under Sections 317(5) of the Bhartiya Nyaya Sanhita, 2023, several provisions of the Narcotic Drugs and Psychotropic Substances Act and the Arms Act. The prosecution alleged that weapons, ammunition, brown sugar, and capsules were recovered from a car owned by Rampreet Mehta and that additional items were seized from the petitioner’s possession during a raid. The petitioner contended that the seized narcotic articles belonged to the car’s owner, that no drugs were found on his person, and that the seizure list was prepared without complying with Section 50 of the NDPS Act. He also highlighted his lack of prior criminal record and the fact that he had been in custody since 30‑10‑2025 without a charge‑sheet. The court, after considering the submissions, found no sufficient ground to deny bail and ordered the petitioner’s release upon furnishing bail bonds and sureties. Consequently, bail was granted subject to the conditions prescribed by the Sessions Judge, Supaul.
Issues considered
- Whether the petitioner is entitled to bail in the NDPS and Arms Act case.
- Whether the seizure of narcotic articles complied with Section 50 of the NDPS Act.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 317(5)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 22(a), 29, 50, 8(c)
Subjects
- bail
- NDPS Act
- Arms Act
- seizure procedure
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5215 of 2026
Arising Out of PS. Case No.-362 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Suresh Kumar Mehta, Son of Hareram Mehta, Resident of Village -
Koshikapur, Ward No.- 11, Police Station - Birpur, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate
Ms. Fardeen Abbas, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with N.D.P.S.
Case No. 115 of 2025 arising out of Birpur P.S. Case No. 362 of
2025 dated 29.10.2025, instituted for the offence punishable under
Sections 317(5) of the Bhartiya Nyaya Sanhita, 2023, Section 8(c),
21(c), 22(a), 29 of the Narcotic Drugs and Psychotropic
Substances Act, and Sections 25(1-b)a, 26 & 35 of the Arms Act.
3. The prosecution case, in short, is that on the alleged
date of occurrence, the police personnel recovered one country
made pistol, one loaded Magzine, eight bullets, 405 gram Brown
Sugar and 40 capsules of Pyeevonspas from a Maruti Suzuki Car
bearing Reg. No. BR-11BN-5317 which belongs to one Rampreet
Mehta. The police went to the house of Rampreet Mehta to
Patna High Court CR. MISC. No.5215 of 2026(2) dt.28-01-2026
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apprehend him, but he was not found there. In the meanwhile, the
petitioner was apprehended and from whose possession, two
mobile phones, one currency counting machine and two laptops
were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner submits that the seized
articles recovered from the car does not belong to the petitioner
rather the registered owner of the car is one Rampreet Mehta. The
police also raided the house of Rampreet Mehta wherefrom some
incriminating articles were also recovered and the petitioner was
found trying to flee away from there but he was arrested and from
whose possession, some mobile phones, one currency counting
machine and two laptops were recovered. It is further submitted
that no narcotic drugs and psychotropic substances articles were
recovered from the conscious possession of the petitioner. The
petitioner has no concern with the articles which was said to be
recovered from the possession of the petitioner. In fact, the articles
were recovered from the house of Rampreet Mahto. It is next
submitted that seizure list has been prepared without following the
procedure laid down in Section 50 of the N.D.P.S. Act. Lastly, it
has been submitted that the petitioner is in custody since
30.10.2025 having no criminal antecedents. Charge-sheet has been
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submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned Sessions Judge, Supaul in
N.D.P.S. Case No. 115 of 2025 arising out of Birpur P.S. Case No.
362 of 2025.
(Khatim Reza, J)
premchand/-
U T
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