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Patna High Court

Devendra Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to stringent conditions.

Summary

Devendra Kumar Mahto, who is in custody, applied for bail in a case registered under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, along with provisions of the Arms Act, 1959 and the NDPS Act, 1985. The prosecution alleges that he was seized with 41.61 grams of smack and 19 live cartridges, while the pistol was recovered from a co‑accused. The petitioner contends that he has been falsely implicated, that the quantity of narcotic falls in the intermediate category, and that no firearm was found in his possession. He also points out his two prior criminal antecedents and that he has been in custody since 1 July 2025 with charges framed on 14 October 2025. The learned A.P.P. opposed bail, citing the seriousness of the offences and the petitioner’s antecedents. The court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, imposing several conditions including personal sureties, regular court attendance, reporting to the Superintendent of Police, and verification of criminal antecedents. The order also clarified that any observations made therein would not affect the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the nature of the offences under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act and his criminal antecedents

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Arms Act
  • criminal antecedent
  • intermediate quantity
  • court conditions
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91304 of 2025
                         Arising Out of PS. Case No.-79 Year-2025 Thana- FALKA District- Katihar
                 ======================================================
                 Devendra Kumar Mahto, Son of Shyam Sundar Mahto, Resident of Village-
                 Amol, P.S.- Falka, District- Katihar

                                                                                    ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pawan Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with N.D.P.S. Case No. 99 of 2025 arising out of

                   Falka P.S. Case No. 79 of 2025 registered for the offences

                   punishable under Section 317(5) of the Bharatiya Nyaya

                   Sanhita, 2023, Sections 25(1-B)(a), 26, 35 of the Arms Act,

                   1959 and Sections 8(c), 21(b) and 22(b) of the Narcotic Drugs

                   and Psychotropic Substances Act, 1985.

                                3. The allegation against the petitioner is that he was

                   apprehended along with another person with smack and 19

                   pieces of live cartridges.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.91304 of 2025(3) dt.11-02-2026
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          petitioner has falsely been implicated and no such recovery as

          alleged has been made from his possession. It has been

          submitted that even if the quantity of smack is taken into

          consideration, only 41.61 grams of smack were recovered,

          which falls under the intermediate category. It has next been

          submitted that no pistol was recovered from the possession of

          the petitioner and in fact the same was recovered from the co-

          accused Bambam Yadav. It has further been submitted that the

          petitioner has two criminal antecedents and he is in custody

          since 01.07.2025. It has lastly been submitted that the charges

          have also been framed against the petitioner in the present case

          on 14.10.2025.

                       5. The learned A.P.P. has vehemently opposed the

          prayer for bail and

                       6. Considering the aforesaid submissions made by the

          parties, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          court below where the case is pending/successor court in

          connection with N.D.P.S. Case No. 99 of 2025 arising out of

          Falka P.S. Case No. 79 of 2025, subject to the following

          conditions:-

                                       (i) One of the bailors of the petitioner shall
Patna High Court CR. MISC. No.91304 of 2025(3) dt.11-02-2026
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                          be his close relative and the other shall be local
                          resident.
                                       (ii) The petitioner shall remain physically
                          present in Court on each date of the trial.
                                       (iii) In case of absence on two consecutive
                          dates or in violation of the terms of the bail, the bail
                          bond of the petitioner will be liable to be cancelled by
                          the court concerned.
                                       (iv) If the petitioner is found involved in
                          similar nature of offence in future, the prosecution shall
                          be at liberty to move for cancellation of his bail bond.
                                       (v) The learned Court below shall verify the
                          criminal antecedent of the petitioner and in case at any
                          stage it is found that the petitioner has concealed his
                          criminal antecedent, the court below shall take step for
                          cancellation of bail bond of the petitioner. However,
                          the acceptance of bail bonds in terms of the above-
                          mentioned order shall not be delayed for purpose of or
                          in the name of verification.
                                       (vi) In view of the antecedent of the
                          petitioner, the petitioner is directed to appear before the
                          Superintendent of Police, Katihar within fifteen days of
                          his release with a copy of this order and every two
                          weeks thereafter for the next nine months. The conduct
                          of the petitioner will be kept under watch in this period
                          by the Superintendent of Police concerned and if it is
                          found wanting in any respect, a report shall be made to
                          the court concerned by him to initiate a proceeding for
                          cancellation of bail for reasons of misuse of bail. After
                          reporting to the Superintendent of Police, a certificate
                          will be filed by the petitioner before the court
                          concerned.
              Patna High Court CR. MISC. No.91304 of 2025(3) dt.11-02-2026
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                                     7. Accordingly, the prayer for bail is allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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