Patna High Court
Abhishek Kumar @ Sonu Kumar Mahto @ Sonu MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Abhishek Kumar Mahto, applied for bail in a case registered under Sections 8(c), 20, 21(b), 21(c) and 22 of the NDPS Act, alleging that the alleged seizure of 150 grams of brown sugar and Nepali currency was not made in compliance with Section 105 of the BNSS and that he is innocent. The prosecution contended that the contraband was recovered from his possession. The petitioner argued that the quantity seized is far below commercial levels, that a similarly situated co‑accused had been granted bail, and that he has no prior criminal record and has been in judicial custody since September 2025. The State opposed the bail. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the nature and quantity of the alleged contraband.
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioner’s lack of prior criminal antecedents and the precedent of bail to a co‑accused warrant bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 21(b), 21(c), 22, 8(c)
Subjects
- bail
- NDPS Act
- seizure procedure
- Section 105 BNSS
- quantity of contraband
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7780 of 2026
Arising Out of PS. Case No.-322 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Abhishek Kumar @ Sonu Kumar Mahto @ Sonu Mahto S/O Vinod Kumar
Mahto R/O Village- Betaunha, Ward No. 7, P.S- Jaynagar, District-
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 24-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner has prayed for bail in connection with
Jaynagar P.S. Case No. 322 of 2025 registered for the offence
punishable under Sections 8(c), 20, 21(b), 21(c), 22 of the N.D.P.S.
Act.
3. The case of the prosecution, in short, is that from the
possession of this petitioner, altogether 150 grams of brown sugar
and Nepali currency were recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that nothing has been recovered from the possession of the
petitioner. The witnesses of the seizure list are police personnel and
Patna High Court CR. MISC. No.7780 of 2026(5) dt.24-04-2026
2/2
the police has not complied with Section 105 of the BNSS while
making the seizure. He further submits that the alleged recovery of
contraband is though more than small quantity but is much less
than commercial quantity. He further submits that similarly situated
co-accused namely, Sujan Maharajan has been granted bail by this
Court vide Cr. Misc. No. 14552 of 2026. Moreover, a statement has
been made in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
17.09.2025.
5. The application for bail is opposed by learned APP for
the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like
amount each to the satisfaction of the learned Additional Sessions
Judge-IV, Madhubani in connection with Jaynagar P.S. Case No.
322 of 2025 corresponding to G.R.(N.D.P.S.) Case No. 85 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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