Patna High CourtCR. MISC./45634/2026dismissed

Indal Mahto v. The State Of Bihar

2026-07-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45634 of 2026 Arising Out of PS. Case No.-248 Year-2026 Thana- SURSAND District- Sitamarhi ====================================================== Indal Mahto S/o Late Gulten Mahto R/o - Ward No. 06, Village and P.S - Sursand, District - Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar 2.

The Union of India through Shashatra Sima Bal Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Jha, Advocate For the State :

Mr.Manoj Kumar, APP For the UOI :

Mr. Narendra Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-07-2026 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the Union of India.

2. The petitioner seeks bail in connection with Sursand P.S. Case No. 248 of 2026 registered for the offence punishable under Sections 8(c), 20(b)(ii)(C) and 27 of the N.D.P.S. Act.

3. As per the prosecution case, there is recovery of 267 grams of ganja and 495 grams of charas from the tea shop of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.45634 of 2026(2) dt.09-07-2026 2/2 petitioner is in custody since 13.05.2026 having one criminal antecedent.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the recovery of ganja as well as charas together with the fact that the petitioner has a criminal antecedent of criminal nature, I am not inclined to grant bail to the petitioner.

7. Accordingly, the application stands dismissed.

8. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) P. Kumar U T