Created by Fuzzy Cloud

Patna High Court

Anil Mahto @ Anil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail may be granted in NDPS cases where the seized quantity is not large and the premises are not used for narcotics storage, subject to verification of the accused’s antecedents.

Summary

Anil Mahto, the owner of a furniture shop in Sonbarsa, was arrested under Sections 8, 20(b)(ii)B and 21(c) of the NDPS Act after police seized 5.5 kg of ganja, 96 bottles of codeine cough syrup and 230 nitrazepam tablets from his premises. The petitioner argued that the shop was used only for furniture and not for storing narcotics, and that the quantities seized were not of a commercial scale. The State opposed bail, contending the seriousness of the offences. The Court examined the nature of the premises, the quantity of drugs, and the petitioner’s custody since May 2025, and decided that provisional bail could be granted. Bail was ordered on the condition of a Rs.10,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedents.

Issues considered

  • Whether bail should be granted to a person arrested under the NDPS Act for possession of quantities slightly above the small‑quantity threshold and seized from a non‑narcotic premises.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotic seizure
  • small quantity
  • furniture shop
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55181 of 2025
                     Arising Out of PS. Case No.-138 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Anil Mahto @ Anil Kumar son of Kishori Mahto Resident Of Village-
                 Sonbarsha Ps -Sonbarsha District -Sitamarhi
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Jha
                 For the Opposite Party/s :       Mr.Anant Kumar 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   21-01-2026                  Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections-8/20(b)(ii)B and 21(c) of the

                   NDPS Act.

                                3. It is alleged that on the tip off, the informant alongwith

                   police personnel reached at the destination where one person was

                   seen fleeing from the destination. It is further alleged that a furniture

                   shop was searched before two witnesses following due process of

                   law and on inquiry, 5.5 kg. of Ganja and 96 bottles of Codeine

                   phosphate cough syrup as well as 230 pieces of Nitrazepam tablets

                   were found from shop of the petitioner.

                                4. It has been submitted on behalf of the petitioner that the

                   shop wherefrom, the contraband was recovered though belonging to

                   the petitioner but it was a furniture shop, so, there is no question of

                   storage of narcotic substance. He has also submitted that the quantity
            Patna High Court CR. MISC. No.55181 of 2025(5) dt.21-01-2026
                                                        2/2




                      of recovered Ganja is not commercial. If it is assumed that the Ganja

                      was recovered from shop of the petitioner, then also, the quantity of

                      recovered Ganja is slightly above the small quantity and the cough

                      syrup is also in small quantity. The petitioner is in custody since 22-

                      05-2025.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances, let

                      the petitioner named above, be released on bail provisionally on

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

                      of the like amount each to the satisfaction of learned Sessions Judge-

                      cum-Special Judge, NDPS Act, Sitamarhi in connection with

                      Sonbarsa P.S. Case No. 138 of 2025.

                                   7. It is made clear that after release, the criminal

                      antecedent of the petitioner shall be verified and if, he is found

                      not involved in any other case except the present one, his bail

                      bond shall be confirmed and if it is found that he is involved in

                      any case other than the present one, his bail bond shall stand

                      cancelled.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.