Patna High Court
Anil Mahto @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)B, 21(c), 8
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
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