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Patna High Court

Surendra Mahto @ Surendra Kumar MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the regular bail application.

Summary

Surendra Mahto was arrested in March 2025 after a raid on a shop in Madhubani recovered various narcotic substances, mobile phones and Nepali currency. He was charged under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged involvement in a narcotics trafficking network supplying to Nepal. The petitioner applied for regular bail, which was rejected on 6 August 2025. He filed a second bail application, contending that the trial had commenced and one witness had already been examined, and therefore bail should be granted. The court, observing the seriousness of the offences and the nature of the allegations, held that the mere commencement of trial does not create a ground for bail and dismissed the application, directing the S.S.B. Madhubani to produce all witnesses during the trial.

Issues considered

  • Whether the commencement of trial and examination of a witness justify granting regular bail to a person charged under Sections 20/22 of the NDPS Act.
  • Whether the seriousness of the offences under the NDPS Act precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics trafficking
  • regular bail
  • trial commencement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82216 of 2025
                     Arising Out of PS. Case No.-52 Year-2025 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Surendra Mahto @ Surendra Kumar Mahto Son of Sarjuna Mahto R/o -
                 Mithila Nagar Palika, Ward No.02, P.S - Mahendra Nagar, District -
                 Dhanusha, Nepal

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-01-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Harlakhi P.S. Case No.

                   52 of 2025, G.R. No. 18 of 2025, registered for the offence

                   under Sections 20/22 of the N.D.P.S. Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 06.08.2025 in Cr. Misc. No. 30973 of 2025, which

                   reads as follows:-

                                              Heard the parties.
                                              2. The petitioner seeks regular bail in
                                 connection with Harlakhi P.S. Case No. 52 of 2025,
                                 G.R. No. 18 of 2025, registered for the offence under
                                 Sections 20/22 of the N.D.P.S. Act.
Patna High Court CR. MISC. No.82216 of 2025(2) dt.16-01-2026
                                            2/3




                                    3. As per prosecution case, a shop in
                       Madhubani, was raided and following recovery was
                       made:
                                          “i. Triprolidine Hydrochloride codeine
                             phosphate cough syrup (100 ml) 16 nos
                                          ii.Codeine phosphate & tripgrolidine
                             hydrochloride cough syrup (100 ml) 42 nos
                                          iii. Nitrazepam tablet ip-10 mg- 133
                             nos tab
                                          iv. Spasmo Proxyvon plus capsule
                             488 nos cap
                                          v. Nitrazepam tablet ip-10 mg- 15
                             nos tab
                                          vi. Nitrazepam tablet ip-10 mg(1-
                             pam 10) 370 nos tab.
                                          vii. redmi 10 mobile -01 no
                                          viii. redmi 10 prime mobile -01 no
                                          ix. Moto g mobile 01 no
                                          x. Nepali currency 500 3 1500 100 6
                             600
                                          xi. Bajaj Pulsar 220 F (reg. no.
                             Pradesh 202002 1541)
                                          4. Learned counsel for the petitioner
                             submits that the Nepali citizen were caught
                             there and they have said that they had come to
                             purchase the aforesaid narcotic substance for
                             carrying them to Nepal. It appears that the
                             petitioner is involved in the illegal business of
                             Narcotics. He is in jail since 06.03.2025.
                                          5. Learned A.P.P. has vehemently
              Patna High Court CR. MISC. No.82216 of 2025(2) dt.16-01-2026
                                                          3/3




                                           opposed the prayer for bail.
                                                        6.      Considering   the   nature   of
                                           allegation against the petitioner, this Court is
                                           not inclined to grant bail to the petitioner.
                                                        7. Accordingly, this application for
                                           regular bail is dismissed.
                                                        8. The S.S.B. Madhubani is directed
                                           to produce all the witnesses during the trial.
                                                        9. Let a copy of this order be sent to
                                           the I.G., S.S.B., Patna through FAX for its
                                           compliance.


                                     4. Learned counsel for the petitioner submits that trial

                        has started and one witness has been examined and therefore,

                        the petitioner may be granted bail.

                                     5. Considering the fact that trial has started, no ground

                        for review is made out. Accordingly, this application for regular

                        bail stands rejected.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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