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

Bail granted: petitioner to be enlarged 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 court of learned Sessions-cum-Special Judge, NDPS Act, Vaishali, in connection with Rajapakar P.S. Case No.413 of 2025, subject to conditions of co-operation in the trial, physical presence on each and every date, and abstention from similar offences in future.

Issue for consideration

Whether the petitioner, arraigned in Rajapakar P.S. Case No.413 of 2025 registered under Sections 8(c) and 21(b) of the NDPS Act, should be enlarged on bail.

Court's answer

After hearing learned counsel for the parties and considering the facts and circumstances, the Court is inclined to enlarge the petitioner on bail subject to conditions: (i) co-operation in the trial; (ii) physical presence on each and every date; and (iii) not indulging in similar nature of offences in future.

Ratio / Principle

The 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 court of learned Sessions-cum-Special Judge, NDPS Act, Vaishali, in connection with Rajapakar P.S. Case No.413 of 2025.

Detailed headnote1 paragraphs

Bail granted - NDPS Act (Sections 8(c), 21(b)) - High Court of Judicature at Patna, Criminal Miscellaneous No.36395 of 2026 (Ashok Kumar Pandey, J., 15-06-2026): Mahendra Rai @ Mahendra Kumar enlarged on bail in Rajapakar P.S. Case No.413 of 2025, District Vaishali. Prosecution case: 12.65 gm of smack recovered from co-accused Shyambalak Kumar; petitioner implicated through the co-accused's confessional statement alleging purchase of contraband from him; nothing recovered from the petitioner; in judicial custody since 12.03.2026; State (APP) opposed citing four criminal antecedents. Petitioner's counsel argued inadmissibility of co-accused police statements relying on Tofan Singh Vs. State of Tamil Nadu; the order records no express adjudication of that submission, bail resting on the facts and circumstances. Bail bond Rs. 10,000/- with two like sureties before the learned Sessions-cum-Special Judge, NDPS Act, Vaishali; conditions imposed: co-operation in trial, attendance on every date, and no indulgence in similar offences.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36395 of 2026

Arising Out of PS. Case No.-413 Year-2025 Thana- RAJAPAKAR District- Vaishali

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

Mahendra Rai @ Mahendra Kumar S/O Bhukhal Rai Resident of Village -Bidupur Dih, P.S- 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. Nitya Nand Tiwary, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 15-06-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for bail in connection

with Rajapakar P.S. Case No.413 of 2025 registered for the offence punishable under Sections 8(c) and 21(b) of the NDPS Act.

The case of the prosecution, in short, is that from the possession of one Shyambalak Kumar, altogether 12.65 gm of smack was recovered.

Learned counsel appearing on behalf of the petitioner has submitted that the name of this petitioner has surfaced in the confessional statement of Shyambalak. It has been submitted that Shyambalak has stated that he has purchased the contraband from this petitioner. Learned counsel for the petitioner has submitted that nothing has been recovered

Patna High Court CR. MISC. No.36395 of 2026(2) dt.15-06-2026 2/3

from the possession of this petitioner. It has further been submitted that the statement of the co-accused made before the police even in the NDPS cases is not admissible in view of the judgment of the Hon’ble Apex Court in the case of Tofan Singh Vs. State of Tamil Nadu . It has further been submitted that the petitioner has been framed in this case only on the basis of his antecedents. It has been submitted that the petitioner is in judicial custody since 12.03.2026.

The application for bail is opposed by learned APP for the State. It has been submitted that the petitioner is having criminal antecedent of four cases.

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 following conditions:-

(i) the petitioner shall co-operate in the trial;

(ii) the petitioner shall remain physically present on each and every date;

(iii) and shall not indulge in similar nature of offences in future.

The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten

Patna High Court CR. MISC. No.36395 of 2026(2) dt.15-06-2026 3/3

thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Sessions-cum-Special Judge, NDPS Act, Vaishali in connection with Rajapakar P.S. Case No.413 of 2025.

(Ashok Kumar Pandey, J)

durgesh/-

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