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Patna High CourtCR. MISC./16229/2026allowed

Rajkumar Mahto @ Raj Kumar Mahato v. The State Of Bihar

2026-04-21Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16229 of 2026 Arising Out of PS. Case No.-356 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Rajkumar Mahto @ Raj Kumar Mahato S/o- Late Sobaran Mahto @ Late Sobaran Mahato R/o- Gamhariya , ward no. 17 , P.s- Marder , District - Sirha, Nepal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20 and 22 of the NDPS Act.

3. The case of the prosecution is that from the possession of the petitioner, altogether 5 kg of ganja was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He also submits that nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of

Patna High Court CR. MISC. No.16229 of 2026(3) dt.21-04-2026 2/2 the BNSS while making the seizure. He further submits that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. He further submits that the petitioner is a 17 years old man. Moreover, the petitioner is a man of clean antecedent and he is languishing in judicial custody since 13.10.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular 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 released on bail in connection with Jaynagar P.S. Case No. 356 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Madhubani.

(Ashok Kumar Pandey, J) Sudhanshu/- U T