Patna High Court
CR. MISC./36518/2026 of Chandan Mahto Vs The State of Bihar on 11 June 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36518 of 2026 Arising Out of PS. Case No.-38 Year-2026 Thana- DARBHANGA District- Darbhanga ====================================================== Chandan Mahto S/O Sitaram Mahto Resident of Bhagwandas Mohalla -Lalbagh ward no.20 P.S.- Town
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36518 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- DARBHANGA District- Darbhanga ======================================================
Chandan Mahto S/O Sitaram Mahto Resident of Bhagwandas Mohalla -Lalbagh ward no.20 P.S.- Town District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Virendra Kumar, Advocate
For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
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ORAL ORDER
11-06-2026 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(c), 21(c), 29 and 35 of the N.D.P.S. Act.
3. As per the prosecution case, there is a recovery of Pyeevon spas plus batch no. Pyecl 157 (76 capsul), Spasmo- Proxyvon plus batch no.XAA10604 and XAA10280 (76 capsul) and Alprazolam Tablets IP Anxit-05 batch no.AXBS0104 (235 tablets) from a black polythene carried by the petitioner and a mobile phone and cash were also recovered from his pocket.
4. Learned counsel for the petitioner submits that the mandatory provisions of Sections 50 and 50(a) of the Patna High Court CR. MISC. No.36518 of 2026(2) dt.11-06-2026
N.D.P.S. Act were not complied with. It is further submitted that there is no independent witness to the search and seizure, as such, there is violation of Section 103 of the B.N.S.S. It is next submitted that the seized articles are psychotropic substances used as medicine. The petitioner is in custody since 17.02.2026 and charge-sheet has already been submitted.
5. Learned APP for the State opposed the grant of bail on the ground that the petitioner has two criminal antecedents. However, in response it has been submitted that the petitioner is on bail in both the cases.
6. Taking into consideration the facts and circumstances of the case, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS, Darbhanga/concerned Court below in connection with Town P.S. Case No. 38 of 2026 subject to condition that:-
(i) One of the bailors shall be a family member/close relative.
(ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his Patna High Court CR. MISC. No.36518 of 2026(2) dt.11-06-2026
bail bonds shall be liable to be cancelled by the learned court concerned.
anand/- (Soni Shrivastava, J) U T