Patna High Court
Dilip Mahto @ Dilip Kumar SumanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner.
Summary
The petitioner, Dilip Mahto, was arrested in connection with a case registered under Sections 8, 20(B)iiC and 24 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, after a large quantity of narcotic substances was recovered from his residence. He applied for regular bail, claiming innocence, and had been in custody since 9 June 2025. The State opposed the bail, emphasizing the massive seizure of capsules, injections, tablets, and cough syrup as indicative of a serious offence. The Court, after hearing both sides, noted the gravity of the recovery and was not inclined to grant bail. Consequently, the bail application was rejected, with the Court clarifying that its observations were prima facie and would not affect the trial's merits.
Issues considered
- Whether regular bail should be granted to an accused under the NDPS Act when a large quantity of contraband has been seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)iiC, 24, 8
Subjects
- bail
- NDPS Act
- regular bail
- narcotics seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91612 of 2025
Arising Out of PS. Case No.-170 Year-2024 Thana- BASOPATTI District- Madhubani
======================================================
Dilip Mahto @ Dilip Kumar Suman S/O Raj Kumar Mahto R/O Village-
Basopatti, P.s- Basopatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 30-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Basopatti P.S. Case No. 170 of 2024 registered for the offence
under Sections 8, 20(B)iiC and 24 of the NDPS Act.
3. As per the prosecution case, 13536 capsules of
Spasmo Proxyvon Plus, 50 injection of Pentazocine, 5700
pieces of Nitrovet, 2200 tablets of Nitrazepam and 5850 bottles
of exiplon cough syrup were recovered from house of petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 09.06.2025.
5. Per contra, learned counsel for the State
vehemently opposes the bail application and submits that there
Patna High Court CR. MISC. No.91612 of 2025(4) dt.30-03-2026
2/2
is recovery of huge quantity of contraband from the petitioner.
6. Considering the recovery of huge quantity of
contraband from the petitioner, this Court is not inclined to
grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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