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Patna High Court

Dhaneshwar Mahto @ Dhaneshwar Prasad SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Dhaneshwar Mahto, was arrested in connection with a case under Sections 20, 22 and 23 of the NDPS Act after police claimed to have recovered 4.9 kg of ganja from his house. He contended that he had no possession of the contraband, was falsely implicated, and that the seizure violated Section 105 of the Bihar Narcotic Substances (Control) Act. He also argued that the quantity seized was far below commercial levels and that he had been in judicial custody since 15 June 2025. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to a person accused under Sections 20, 22 and 23 of the NDPS Act.
  • Whether non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act during seizure warrants bail.
  • Whether the quantity of narcotic seized (4.9 kg) being less than commercial quantity influences the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug seizure
  • procedural lapse
  • quantity of narcotics
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88595 of 2025
                     Arising Out of PS. Case No.-204 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Dhaneshwar Mahto @ Dhaneshwar Prasad Singh, S/O Late Ajbi Mahto @
                 Ajwi Mahto, R/O Village – Kabilasha (Sidhapkala), P.S- Ladniya (Ladaniya),
                 District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagan Deo Yadav, Advocate
                                                  Mr. Vinod Kumar, Advocate
                                                  Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Dr.Mrityunjaya Kr. Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Ladaniya P.S. Case No. 204 of 2025 registered for the

                   offence punishable under Sections 20, 22 and 23 of N.D.P.S.

                   Act.

                                 3. The case of the prosecution, in short, is that

                   altogether 4.9 Kg of ganja was recovered from the house of the

                   petitioner.

                                 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
             Patna High Court CR. MISC. No.88595 of 2025(2) dt.06-01-2026
                                                         2/2




                       case. Nothing has been recovered from his possession. From

                       perusal of the F.I.R. itself it is clear that the police has not

                       complied Section 105 of the B.N.S.S. while making the seizure.

                       It has further been submitted that the alleged recovery of the

                       contraband is though more than small quantity but is much less

                       than commercial quantity. Petitioner is languishing in judicial

                       custody since 15.06.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    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 District

                       and Additional Sessions Judge-V, Madhubani in connection with

                       Ladaniya P.S. Case No. 204 of 2025.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T


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