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Patna High CourtCR. MISC./88595/2025allowed

Dhaneshwar Mahto @ Dhaneshwar Prasad Singh v. The State Of Bihar

2026-01-06Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88595 of 2025 Arising Out of PS. Case No.-204 Year-2025 Thana- LADANIA District- Madhubani ====================================================== Dhaneshwar Mahto @ Dhaneshwar Prasad Singh, S/O Late Ajbi Mahto @ Ajwi Mahto, R/O Village - Kabilasha (Sidhapkala), P.S- Ladniya (Ladaniya), District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Vinod Kumar, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Ladaniya P.S. Case No. 204 of 2025 registered for the offence punishable under Sections 20, 22 and 23 of N.D.P.S. Act.

3. The case of the prosecution, in short, is that altogether 4.9 Kg of ganja was recovered from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.88595 of 2025(2) dt.06-01-2026 2/2 case. Nothing has been recovered from his possession. From perusal of the F.I.R. itself it is clear that the police has not complied Section 105 of the B.N.S.S. while making the seizure. It has further been submitted that the alleged recovery of the contraband is though more than small quantity but is much less than commercial quantity. Petitioner is languishing in judicial custody since 15.06.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-V, Madhubani in connection with Ladaniya P.S. Case No. 204 of 2025.

(Ashok Kumar Pandey, J) lata/- U T