Deva Mahto @ Devanand Chaudhari Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

Deva Mahto @ Devanand Chaudhari Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender within four weeks from receipt of the order, on bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of the learned Exclusive Special Judge, NDPS, West Champaran, Bettiah, subject to conditions under Section 482 of B.N.S.S. and with the condition that one bailor be a close relative of the petitioner.

Issue for consideration

Whether the petitioner, apprehending arrest in Shikarpur P.S. Case No. 422 of 2025 for offences under Sections 8, 20(b)(ii)(B) of the NDPS Act, should be extended the privilege of anticipatory bail.

Court's answer

Keeping in view the facts and submissions, the Court was inclined to extend the petitioner the privilege of anticipatory bail.

Ratio / Principle

Petitioner to be released on bail in the event of arrest or surrender within four weeks from the date of receipt of the order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each.

Key takeaways

Bail bond and sureties to the satisfaction of the learned Exclusive Special Judge, NDPS, West Champaran, Bettiah, in connection with Shikarpur P.S. Case No. 422 of 2025, subject to the conditions laid down under Section 482 of B.N.S.S. and the further condition that one of the bailors be a close relative of the petitioner.ratio¶21

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (NDPS): Deva Mahto @ Devanand Chaudhari, apprehending arrest in Shikarpur P.S. Case No. 422 of 2025 (Thana Sikarpur, District West Champaran) for offences under Sections 8, 20(b)(ii)(B) of the NDPS Act - F.I.R. alleges recovery of 10 Kg of Gaanja from a bag; arrested accused named Sheikh Munna. Counsel pleaded innocence and false implication, no recovery from the petitioner's conscious or physical possession, absence from the place of seizure, implication due to previous enmity, and clean antecedents; learned APP opposed bail. The Court held it was inclined to extend the privilege of anticipatory bail and directed release on bail in the event of arrest or surrender within four weeks of receipt of the order, on bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of the learned Exclusive Special Judge, NDPS, West Champaran, Bettiah, subject to the conditions under Section 482 of B.N.S.S. and with the condition that one bailor be a close relative of the petitioner. (S. B. Pd. Singh, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22805 of 2026

Arising Out of PS. Case No.-422 Year-2025 Thana- SIKARPUR District- West Champaran

======================================================

Deva Mahto @ Devanand Chaudhari S/o Chandr Mahto R/o Village- Tajpur Sishwa P.S- Bhangaha, Dist- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gyan Prakash For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

3 06-05-2026

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner is apprehending his arrest in connection with Shikarpur P.S. Case No. 422 of 2025 for the offence under Sections 8, 20(b)(ii)(B) of the NDPS Act.

As per the allegation made in the F.I.R., recovery of 10 Kg of Gaanja has been made from a bag which is the subject matter of the present case.

4.Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that no contraband article was recovered either from the conscious or physical possession of the petitioner. The petitioner has no concern

Patna High Court CR. MISC. No.22805 of 2026(3) dt.06-05-2026 2/3

whatsoever with the alleged recovered narcotic substance, namely Gaanja, or with the arrested accused person, namely Sheikh Munna. Learned counsel further submits that, from perusal of the F.I.R., it appears that the petitioner was not apprehended from the place of seizure and has been implicated in the present case merely on account of previous enmity. It is stated in paragraph 3 of the bail application that the petitioner has clean antecedents and has never been involved in any criminal case earlier.

Learned APP opposes the prayer for bail.

Keeping in view the aforesaid facts, this Court

is inclined to extend him the privilege of anticipatory bail.

Let the petitioner be released on bail in the

event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge NDPS, West Champaran, Bettiah, in connection with Shikarpur P.S. Case No. 422 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the condition that one of the bailors

Patna High Court CR. MISC. No.22805 of 2026(3) dt.06-05-2026 3/3

should be close relative of the petitioner.

(S. B. Pd. Singh, J)

Ankit Kumar/-

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