Nikesh Mahto @ Nikesh Kumar @ Bikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4003 of 2025 Arising Out of PS. Case No.-6 Year-2024 Thana- MAHUAWA District- East Champaran ====================================================== Nikesh Mahto @ Nikesh Kumar @ Bikash Kumar Son of Late Naresh Mahto @ Late Naresh Mahato Resident of Village - Sagar Churaman, Police Station -Kesariya, District - East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Commandant S.S.B., Motihari, East Champaran, through Union of India Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Mahuawa P.S. Case No. 6 of 2024 instituted for the offences under Sections 8, 20(b)(ii) (B) of the NDPS Act.
3. Prosecution allegation, in short, is that the total 78.6 Kilogram ganja has been recovered in this case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 19.07.2024 and
Patna High Court CR. MISC. No.4003 of 2025(3) dt.23-04-2025 2/2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Learned counsel further submits nothing has been recovered from the conscious possession of the petitioner.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.
6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T