Mahendra Rai @ Mahendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29614 of 2026 Arising Out of PS. Case No.-164 Year-2025 Thana- GANGABRIDGE District- Vaishali ====================================================== Mahendra Rai @ Mahendra Kumar Son of Bhukhlu Rai @ Bhukhal Rai Resident of Village -Bidupur Dih @ Bidupur, Near Khilwat katariya temple PS -Bidupur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for grant of regular bail in connection with a case registered for the offences punishable under Sections 8(c), 21(c) and 29 of the NDPS Act.

3. The case of the prosecution, in brief, is that a total of 296 grams of brown sugar was recovered from the possession of the co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the

Patna High Court CR. MISC. No.29614 of 2026(2) dt.01-05-2026 2/3 present case. It is further submitted that, from the perusal of the F.I.R. itself, it appears that the case has been instituted by the Labour Enforcement Officer (in short, L.E.O.), who has no jurisdiction to lodge a case under the NDPS Act. It is further submitted that nothing has been recovered from the conscious possession of the petitioner, nor has his name surfaced in the confessional statement of the co-accused, Chandan Kumar. It is also submitted that the said co-accused, Chandan Kumar, has already been granted bail by this Court vide Cr. Misc. No. 17266 of 2026. However, it is admitted that the petitioner has criminal antecedents in four cases of similar nature. The petitioner is in judicial custody since 02.03.2026.

5. Learned APP for the State has opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail.

7. Accordingly, the above-named petitioner is directed to be released on bail in connection with Ganga Bridge P.S. Case No. 164 of 2025 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions-cum-Special Judge, NDPS

Patna High Court CR. MISC. No.29614 of 2026(2) dt.01-05-2026 3/3 Act, Vaishali, subject to the condition that the petitioner shall not indulge in offences of a similar nature in future. (Ashok Kumar Pandey, J) Jagdish/- U T