Patna High Court
Dhaneshwar Mahto @ Dhaneshwar Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 22, 23
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
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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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