Raj Kishor Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56178 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- SAHARGHAT District- Madhubani ====================================================== Raj Kishor Mahto S/o Late Bilat Mahto @ Dani Mahto R/o Village - Rajatola, Ward No. 12, P.S- Harlakhi, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Adv.
Ms. Madhumita Singh, Adv.
For the Opposite Party/s :
Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2025 Heard Ms. Madhumita Singh, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with G.R. No. 40 of 2025 arising out of Saharghat P.S. Case No. 59 of 2025 for the offence punishable under sections 20/22 of the NDPS Act lodged on 20.05.2025 by the informant, Ashok Singh Rathore.
3. As per the prosecution story, the informant alleged that upon secret information, this petitioner was apprehended while moving on a motorcycle and there is recovery/seizure of 2.1 kg ganja beside mobile phones. This led to the FIR.
4. Learned counsel for the petitioner submits that he has no criminal antecedent, is in custody since 21.05.2025, the
Patna High Court CR. MISC. No.56178 of 2025(2) dt.12-08-2025 2/3 Police on false narration has implicated him, in any case, it is below the commercial quantity.
5. Learned APP opposes the prayer for bail submitting that when intercepted, he was carrying ganja.
6. Taking into account the aforesaid facts as also that the seized material is below the commercial quantity, is in custody since 21.05.2025 having no criminal antecedent, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Principal Sessions Judge, Madhubani in connection with G.R. No. 40 of 2025 arising out of Saharghat P.S. Case No. 59 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.56178 of 2025(2) dt.12-08-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T