Patna High Court
Raja MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted bail to both petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties each.
Summary
The petitioners, Raja Mahto and Shyamlal Mahto, applied for regular bail in a narcotics case (Harpur PS Case No.68 of 2025) where 14 kg of ganja was allegedly recovered. They contended that the drugs were not in their possession, they had no criminal antecedents, and had been in custody since 26‑05‑2025, while the charge‑sheet had already been filed. The State opposed the bail, invoking provisions of the NDPS Act and the Criminal Procedure Code. The court noted that the quantity seized was far below the commercial threshold, the petitioners had no prior record, and they had been detained for an extended period. Consequently, the court ordered that both petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to the accused under the NDPS Act and Section 111(2) of the Bhartiya Nyaya Sanhita given the low quantity of narcotics and absence of prior criminal record.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 111(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 23(c), 25, 29, 8
Subjects
- regular bail
- NDPS Act
- narcotics
- commercial quantity
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73333 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- HARPUR District- East Champaran
======================================================
Raja Mahto S/O Late Ichuaatar Mahto resident of Village - Madhopur,
Jogiraha, P.S- Turkauliya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 78319 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- HARPUR District- East Champaran
======================================================
ShyamlalMahto @ Shyamlal Mahato S/o Jogindra Mahto R/o Village-
Bhatwaliya, P.S- Sangrampur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 73333 of 2025)
For the Petitioner/s : Mr. Harishankar Raj, Advocate
Mr. Saurabh Kumar Priyadarshy, Advocate
Mr. Gyanendra Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 78319 of 2025)
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Sharad Kumar Verma, Advocate
Mr. Sagar Kumar, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Harpur P.S. Case no.68
of 2025 registered under section 111 (2) of the Bhartiya Nyaya
Patna High Court CR. MISC. No.73333 of 2025(3) dt.21-01-2026
2/3
Sanhita, 2023 and sections 8, 23(c), 20 (b)(ii)(C), 25 and 29 of
the N.D.P.S. Act.
3. As per the prosecution case, 14 kgs each of ganja
was recovered from the possession of two petitioners herein.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. No
incriminating article has been recovered from their possession.
They have no criminal antecedent and are in custody since
26.5.2025. Charge-sheet has been submitted in the case. Co-
accused Naval Prasad Yadav has been enlarged on bail vide
order dated 12.12.2025 passed in Cr. Misc. no.84037 of 2025.
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 petitioners,
the ganja recovered having been said to be much below the
commercial quantity, the petitioners having remained in custody
since 26.5.2025, charge-sheet having been submitted in the case
and especially the petitioners not having any criminal
antecedent, both the petitioners are directed to be enlarged on
bail in connection with Harpur P.S. Case no.68 of 2025 on each
of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.73333 of 2025(3) dt.21-01-2026
3/3
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sessions Judge/Special Judge, East
Champaran, Motihari.
(Partha Sarthy, J)
Shiv/-
U T
Checking your session…