Patna High Court
Angad Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied bail, holding that the seriousness of the offenses and the large quantity of seized narcotics warranted the rejection of the bail application.
Summary
Angad Kumar Mahto was arrested after a raid at his residence recovered large quantities of codeine cough syrup, anxit tablets, ketamine injection, pentazocine injection and IMFL. He filed an application for regular bail under sections 21C and 22 of the NDPS Act and section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner contended that he was falsely implicated, that the seized codeine was below commercial quantity and that no incriminating article was found in his possession, also asserting no prior record under the relevant statutes. The State opposed the bail, relying on the FIR allegations and the nature and volume of the seized narcotics and alcohol. After hearing both sides, the Court considered the seriousness of the offenses and the quantity of contraband recovered. Consequently, the Court refused to grant bail, rejecting the petitioner's application.
Issues considered
- Whether regular bail should be granted to the accused under sections 21C and 22 of the NDPS Act and section 30(a) of the Bihar Prohibition and Excise Act, 2016 in view of the nature and quantity of seized narcotics and alcohol.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21C, 22
Subjects
- bail
- NDPS Act
- Bihar Prohibition and Excise Act
- narcotics seizure
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91809 of 2025
Arising Out of PS. Case No.-320 Year-2025 Thana- BAHADURPUR District- Darbhanga
======================================================
Angad Kumar Mahto son of Ram Prakash Mahto Resident of Ismayeel Ganj,
Light House, P.S. -Laheriasarai, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Sharan, Advocate
Mr. Sanjay Kumar Mishra, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bahadurpur P.S. Case
no.320 of 2025 registered under sections 21C and 22 of the
N.D.P.S. Act and section 30(a) of the Bihar Prohibition and
Excise Act, 2016.
3. As per the prosecution case, on having received
secret information a raid being conducted at the petitioner’s
residence. It is stated that 3410 bottles of Codeine cough syrup,
23,250 tablets of Anxit 0.5, 20 packets of Ketamine
Hydrochloride Injection, 1200 vials of Tazowin Pentazocine
Injection and 12 bottles of IMFL containing 750 ml each was
recovered.
Patna High Court CR. MISC. No.91809 of 2025(4) dt.01-04-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Even as per
the allegations, the articles received contained Codeine much
below the commercial quantity. In fact, no incriminating article
has been recovered from the petitioner’s possession. The
petitioner is in custody since 3.7.2025 and has been falsely
implicated because of his antecedents. He has no antecedent
under the Bihar Prohibition and Excise Act, 2016 nor under the
N.D.P.S. Act.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR together with
the nature and quantity of articles recovered as described herein
above, the Court is not inclined to enlarge the petitioner on bail
and the application is rejected.
(Partha Sarthy, J)
Saurabh/-
U T
Checking your session…