Patna High Court – Orders
Chhotu Mahto @ Chhote Mahto vs The State Of Bihar on 28 March, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42726 of 2024
Arising Out of PS. Case No.-219 Year-2021 Thana- SONBERSA District- Sitamarhi
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Chhotu Mahto @ Chhote Mahto, aged about 23 years, Male, Son Of Late
Chandeshwar Mahto, R/O- Village- Sonbarsa, Ward No. 11, P.S.- Sonbarsa,
Distt.- Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner : Mr. Uday Kumar, Advocate
For the Opposite Party : Mrs. Rita Verma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
10 28-03-2025
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Sonbarsa
P.S. Case No. 219 of 2021 dated 06.08.2021 registered for the
offences punishable under Sections 8 (C), 20(b)(ii)(C), 27(A),
29 of the N.D.P.S. Act and Sections 25(1-b)a, 26 and 35 of the
3. As per the prosecution case, on 05.08.2021 at about
14.20 hours, on search, 13.500 kgs. Ganja and 180 Gram Charas
was recovered from the house of the petitioner. It is further
alleged that 24.600 litres ALTOREX-CD Cough Syrup was
Patna High Court CR. MISC. No.42726 of 2024(10) dt.28-03-2025
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recovered from the medicine shop of the co-accused Sanjay
Mahto who is the renter of Chhotu Mahto (petitioner). It is
further alleged that 49 kgs., Ganja, one country made pistol,
four magazines, six live cartridges and one country made katta
were recovered from the room of the house of the petitioner. It
is further alleged that on search, Lupicof-DX Codeine Cough
Syrup 220 bottles, Cocas-DX Codeine Cough Syrup 158 bottles,
Dialex-DC Codeine cough syrup 566 bottles, total 94.400 litres
was recovered from the house of the co-accused Sushila Devi.
She has further disclosed that these medicines belong to ‘Raju
Medical Shop’ which is of the co-accused Raj Kumar Yadav
who is renter of Sushila Devi. It is further alleged that on the
disclosure made by the co-accused Shushila Devi, police raided
the house of the co-accused Raj Kumar Yadav and recovered
Consore Codeine Cough Syrup 95 bottles and Supkof Codeine
Cough Syrup 60 bottles total 15.500 litres from his house.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in the
present case only on the basis of suspicion and on identification
of the local Chaukidar but the name of the Chaukidar has not
been disclosed in the F.I.R. Except this, there is no other
substantive evidence to suggest the implication of the petitioner
Patna High Court CR. MISC. No.42726 of 2024(10) dt.28-03-2025
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in the present case. He was not arrested on the spot. No
incriminating article has been recovered from his possession. It
is further submitted that the petitioner is neither the owner of the
seized articles nor he has any connection with the said recovery
of Ganja, Charas, Pistol, Cartridges and medicines which were
recovered from different places. There is no statutory
compliance of Sections 42 and 50 of the N.D.P.S. Act. It is
further submitted that seized 13.500 kgs., Ganja and 180 Grams
are said to be recovered from the joint house of the petitioner
which is below the commercial quantity. He has no concern with
the alleged offence. It is further submitted that other co-accused
persons Sanjay Mahto and Sushila Devi have already been
granted bail by Co-ordinate Bench of this Court vide Cr. Misc.
No. 65248 of 2021 under order dated 21.04.2022 and Cr. Misc.
No. 65297 of 2021 under order dated 22.04.2022 respectively,
annexed as Annexure-P/3 series to the present bail petition. A
report with respect to the trial of the petitioner has been received
from the trial court vide Letter No. 102/2024 dated 14.11.2024
from the court of learned 2nd Additional Sessions Judge,
Sitamarhi, in which it has been reported that the charge has yet
not been framed against the petitioner and the case record is
fixed for supply of police paper and no any witness has been
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examined and the trial is likely to be concluded in more than six
months. The petitioner has one criminal antecedent as stated in
paragraph no. 3 of the bail application as well in paragraph nos.
3 and 4 of the supplementary affidavit filed on behalf of the
petitioner. The petitioner is in custody in this case since
01.03.2024.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for bail petition of the petitioner. A counter affidavit
has also been filed on behalf of the Superintendent of Police,
Sitamarhi.
6. Considering the aforesaid facts and circumstances of
the case as well the period of custody, let the above named
petitioner, be enlarged on bail on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the learned Special
Judge, Sitamarhi in connection with Sonbarsa P.S. Case No. 219
of 2021 with further condition:-
I. The petitioner is directed to remain
physically present before the learned court
below on each and every date, failing which on
two consecutive dates without reasonable
cause, the bail bonds of the petitioner are liable
Patna High Court CR. MISC. No.42726 of 2024(10) dt.28-03-2025
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7. The application stands allowed.
(Chandra Prakash Singh, J)
U.K./-
U T
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