Anil Mahto @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55181 of 2025 Arising Out of PS. Case No.-138 Year-2025 Thana- SONBERSA District- Sitamarhi ====================================================== Anil Mahto @ Anil Kumar son of Kishori Mahto Resident Of VillageSonbarsha Ps -Sonbarsha District -Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections-8/20(b)(ii)B and 21(c) of the NDPS Act.

3. It is alleged that on the tip off, the informant alongwith police personnel reached at the destination where one person was seen fleeing from the destination. It is further alleged that a furniture shop was searched before two witnesses following due process of law and on inquiry, 5.5 kg. of Ganja and 96 bottles of Codeine phosphate cough syrup as well as 230 pieces of Nitrazepam tablets were found from shop of the petitioner.

4. It has been submitted on behalf of the petitioner that the shop wherefrom, the contraband was recovered though belonging to the petitioner but it was a furniture shop, so, there is no question of storage of narcotic substance. He has also submitted that the quantity

Patna High Court CR. MISC. No.55181 of 2025(5) dt.21-01-2026 2/2 of recovered Ganja is not commercial. If it is assumed that the Ganja was recovered from shop of the petitioner, then also, the quantity of recovered Ganja is slightly above the small quantity and the cough syrup is also in small quantity. The petitioner is in custody since 2205-2025.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail provisionally on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judgecum-Special Judge, NDPS Act, Sitamarhi in connection with Sonbarsa P.S. Case No. 138 of 2025.

7. It is made clear that after release, the criminal antecedent of the petitioner shall be verified and if, he is found not involved in any other case except the present one, his bail bond shall be confirmed and if it is found that he is involved in any case other than the present one, his bail bond shall stand cancelled.

(Nawneet Kumar Pandey, J) A.K.V.//- U T