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Patna High Court

Abhishek Kumar @ Sonu Kumar Mahto @ Sonu MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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