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Patna High Court

Raja MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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