Patna High Court
Sanjiv Kumar Mahto @ Sanjeev MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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, Sanjiv Kumar Mahto, applied for bail in a Special NDPS case (No. 70 of 2025) arising from a seizure of 50.63 grams of cannabis resin recovered from co‑accused Md Sanowar and Md Sahwaj Alam, who identified the petitioner. The petitioner contended that he had no possession of the contraband, was falsely implicated, and that the co‑accused had already been granted bail, while he had been in judicial custody since 21 July 2025. The State opposed bail, highlighting the petitioner’s prior criminal antecedent. After hearing both sides, the Court considered the lack of direct recovery from the petitioner, the bail already granted to co‑accused, and the principle of bail under the NDPS Act. The Court concluded that the petitioner was eligible for bail despite the antecedent. Accordingly, the Court ordered his release on a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act for alleged offences under Sections 8(b) and 21(b).
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
- Whether the bail granted to co‑accused influences the petitioner’s bail application.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(b)
Subjects
- bail
- NDPS Act
- Section 8(b)
- Section 21(b)
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89863 of 2025
Arising Out of PS. Case No.-114 Year-2025 Thana- KORHA District- Katihar
======================================================
Sanjiv Kumar Mahto @ Sanjeev Mahto, Son of Manoj Mahto @ Manoj
Prasad Mahto, Resident of village - Musapur, P.S.- Korha, Distt.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Special (NDPS) Case no. 70 of 2025 arising out of Korha
P.S. Case No. 114 of 2025 registered for the offence punishable
under Sections 8(b) and 21(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of Md. Sanowar and Md. Sahwaj Alam,
altogether 50.63 grams of smack was recovered and they have
disclosed the name of this 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
case. Nothing has been recovered from his possession. It has
Patna High Court CR. MISC. No.89863 of 2025(2) dt.16-01-2026
2/2
also been submitted that the co-accused persons from whose
possession contraband has been recovered, have been granted
bail by learned Co-ordinate Bench of this Court vide Cr. Misc.
No. 64115 of 2025. Petitioner is languishing in judicial custody
since 21.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of one case.
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-Ist, Katihar in
connection with Special (NDPS) Case no. 70 of 2025 arising out
of Korha P.S. Case No. 114 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…