Patna High Court
CR. MISC./34139/2026 of Mahendra Ray @ Mahendra Kumar Vs The State of Bihar on 18 May 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34139 of 2026 Arising Out of PS. Case No.-85 Year-2026 Thana- JANDAHA District- Vaishali ====================================================== Mahendra Ray @ Mahendra Kumar Son of Bhukhlu Rai Resident of Village- Bidupur Dih, P.S.- Bidupur,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34139 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- JANDAHA District- Vaishali ======================================================
Mahendra Ray @ Mahendra Kumar Son of Bhukhlu Rai Resident of Village- Bidupur Dih, P.S.- Bidupur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Anish Kumar, Advocate.
For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
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ORAL ORDER
18-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Jandaha P.S. Case No. 85 of 2026 registered for the offence punishable under Sections 8(c), 21(b) and 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from the possession of one Rahul Kumar, 13.72 grams of heroin like contraband was recovered.
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 case. He also submits that the name of the petitioner has been surfaced on the basis of confessional statement of co-accused.
Patna High Court CR. MISC. No.34139 of 2026(2) dt.18-05-2026
He further submits that nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. He further submits that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. Moreover, the petitioner is languishing in judicial custody since 07.03.2026.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of four cases of similar nature.
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 with the condition that the petitioner shall not indulge himself in similar nature of offences in future, shall cooperate in trial, shall remain physically present on each and every date fixed by the learned court below, one of the bailors shall be his near relative and shall also mark his weekly attendance at Bidupur P.S. 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 Patna High Court CR. MISC. No.34139 of 2026(2) dt.18-05-2026
satisfaction of the learned Principal District & Sessions Judge, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 85 of 2026.
Sudhanshu/- (Ashok Kumar Pandey, J) U T