Patna High Court
Surendra Mahto @ Surendra Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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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