Mahendra Rai @ Mahendra Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

Mahendra Rai @ Mahendra Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions-cum-Special Judge, NDPS Act, Vaishali, subject to the condition that he shall not indulge in offences of a similar nature in future.

Issue for consideration

Whether regular bail should be granted to the petitioner, accused under Sections 8(c), 21(c) and 29 of the NDPS Act in connection with the case registered at Ganga Bridge P.S. (Case No. 164 of 2025).

Court's answer

Considering the facts and circumstances of the case (including counsel's submissions and the petitioner's admitted antecedents and period of custody), the Court was inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail in connection with Ganga Bridge P.S. Case No. 164 of 2025 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each.

Key takeaways

The bail release was made subject to the condition that the petitioner shall not indulge in offences of a similar nature in future.ratio¶22

Detailed headnote1 paragraphs

Regular bail granted by the High Court of Judicature at Patna (Ashok Kumar Pandey, J) on 01-05-2026 in Criminal Miscellaneous No.29614 of 2026 to Mahendra Rai @ Mahendra Kumar, prosecuted under Sections 8(c), 21(c) and 29 of the NDPS Act in connection with P.S. Case No. 164 of 2025, Thana GANGABRIDGE (Ganga Bridge P.S.), District Vaishali, where the prosecution reported recovery of 296 grams of brown sugar from the co-accused. Counsel submitted that the F.I.R. was instituted by a Labour Enforcement Officer (L.E.O.) argued to have no jurisdiction under the NDPS Act, that nothing was recovered from the petitioner's conscious possession and his name did not surface in the confessional statement of co-accused Chandan Kumar, and that the co-accused had already been granted bail vide Cr. Misc. No. 17266 of 2026; it was admitted that the petitioner had criminal antecedents in four cases of similar nature and had been in judicial custody since 02.03.2026. Considering these facts, the Court enlarged the petitioner on bail on bonds of Rs. 10,000/- with two sureties of the like amount each before the Sessions-cum-Special Judge, NDPS Act, Vaishali, subject to the condition that he shall not indulge in offences of a similar nature in future.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29614 of 2026

Arising Out of PS. Case No.-164 Year-2025 Thana- GANGABRIDGE District- Vaishali

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

Mahendra Rai @ Mahendra Kumar Son of Bhukhlu Rai @ Bhukhal Rai Resident of Village -Bidupur Dih @ Bidupur, Near Khilwat katariya temple PS -Bidupur Dist- 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. Anish Chandra, APP

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

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 01-05-2026 Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for grant of regular bail in connection with a case registered for the offences punishable under Sections 8(c), 21(c) and 29 of the NDPS Act.

The case of the prosecution, in brief, is that a total of 296 grams of brown sugar was recovered from the possession of the co-accused.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the

Patna High Court CR. MISC. No.29614 of 2026(2) dt.01-05-2026 2/3

present case. It is further submitted that, from the perusal of the F.I.R. itself, it appears that the case has been instituted by the Labour Enforcement Officer (in short, L.E.O.), who has no jurisdiction to lodge a case under the NDPS Act. It is further submitted that nothing has been recovered from the conscious possession of the petitioner, nor has his name surfaced in the confessional statement of the co-accused, Chandan Kumar. It is also submitted that the said co-accused, Chandan Kumar, has already been granted bail by this Court vide Cr. Misc. No. 17266 of 2026. However, it is admitted that the petitioner has criminal antecedents in four cases of similar nature. The petitioner is in judicial custody since 02.03.2026.

Learned APP for the State has opposed the prayer for regular bail.

Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the above-named petitioner is directed to be released on bail in connection with Ganga Bridge P.S. Case No. 164 of 2025 on furnishing bail bonds of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions-cum-Special Judge, NDPS

Patna High Court CR. MISC. No.29614 of 2026(2) dt.01-05-2026 3/3

Act, Vaishali, subject to the condition that the petitioner shall not indulge in offences of a similar nature in future.

(Ashok Kumar Pandey, J)

Jagdish/-

U T