Patna High Court
Mithilesh Ravidas @ Mithilesh MochiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail should be granted to the petitioner under the NDPS Act.
Summary
Mithilesh Ravidas was arrested after a raid uncovered 50 cannabis plants adjacent to his house, leading to an FIR under section 20(a)(i) of the NDPS Act. He filed an application for regular bail, claiming false implication, lack of exclusive control over the recovered plants, and no prior criminal record. The prosecution opposed bail, but the court noted that the petitioner had been in custody for three months, a chargesheet had been filed, and he had no antecedents. Considering these factors, the court directed that bail be granted on a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Partha Sarthy of the Patna High Court.
Issues considered
- Whether regular bail should be granted to the accused under section 20(a)(i) of the NDPS Act given the circumstances of the case
- Whether the absence of prior criminal antecedents and the duration of pre‑trial custody justify bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(a)(i)
Subjects
- bail
- NDPS Act
- cannabis
- regular bail
- criminal antecedent
- chargesheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.680 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- KADIRGANJ District- Patna
======================================================
Mithilesh Ravidas @ Mithilesh Mochi Son of Late Baleshwar Ravidas
Resident of Village- Harla, P.S.- Kadirganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kahkashan Alam, Advocate
Mr.Kamlesh Kumar, Advocate
Ms.Puja Kumari, Advocate
Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kadirganj P.S Case
no.189 of 2025 registered under section 20 (a)(i) of the N.D.P.S.
Act.
3. As per the prosecution case, on information having
been received and a raid being conducted, it is stated that 50
Cannabis plants were found planted adjacent to the house of the
petitioner and within the temporary boundary wall. As such the
FIR.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
Patna High Court CR. MISC. No.680 of 2026(2) dt.15-01-2026
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incriminating article as alleged in the FIR has been recovered.
Even as per the allegations in the FIR, the alleged place of
recovery cannot be said to be under the exclusive control of the
petitioner. He is in custody since 11.10.2025 and has no criminal
antecedent. Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the petitioner having remained in custody for 3 months
since 11.10.2025, chargesheet having been submitted in the case
and especially the petitioner not having any criminal antecedent,
the petitioner is directed to be enlarged on bail in connection
with Kadirganj P.S Case no.189 of 2025 on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Sessions
Judge/Special Judge (N.D.P.S), Patna.
(Partha Sarthy, J)
Shiv/-
U T
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