Patna High Court - Orders
Surendra Mahto @ Surendra Kumar Mahto vs The State Of Bihar on 16 January, 2026
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82216 of 2025
Arising Out of PS. Case No.-52 Year-2025 Thana- HARLAKHI District- Madhubani
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Surendra Mahto @ Surendra Kumar Mahto Son of Sarjuna Mahto R/o -
Mithila Nagar Palika, Ward No.02, P.S - Mahendra Nagar, District -
Dhanusha, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-01-2026Heard the learned counsel for the petitioner and the learned APP for the State.
2. This is the 2nd attempt of the petitioner. The petitioner seeks bail in connection with Harlakhi P.S. Case No. 52 of 2025, G.R. No. 18 of 2025, registered for the offence under Sections 20/22 of the N.D.P.S. Act.
3. Earlier the bail application of the petitioner was rejected on 06.08.2025 in Cr. Misc. No. 30973 of 2025, which reads as follows:-
Heard the parties.
2. The petitioner seeks regular bail in connection with Harlakhi P.S. Case No. 52 of 2025, G.R. No. 18 of 2025, registered for the offence under Sections 20/22 of the N.D.P.S. Act.
Patna High Court CR. MISC. No.82216 of 2025(2) dt.16-01-2026 2/3
3. As per prosecution case, a shop in Madhubani, was raided and following recovery was made:
"i. Triprolidine Hydrochloride codeine phosphate cough syrup (100 ml) 16 nos ii.Codeine phosphate & tripgrolidine hydrochloride cough syrup (100 ml) 42 nos iii. Nitrazepam tablet ip-10 mg- 133 nos tab iv. Spasmo Proxyvon plus capsule 488 nos cap v. Nitrazepam tablet ip-10 mg- 15 nos tab vi. Nitrazepam tablet ip-10 mg(1- pam 10) 370 nos tab.
vii. redmi 10 mobile -01 no viii. redmi 10 prime mobile -01 no ix. Moto g mobile 01 no x. Nepali currency 500 3 1500 100 6 600 xi. Bajaj Pulsar 220 F (reg. no. Pradesh 202002 1541)
4. Learned counsel for the petitioner submits that the Nepali citizen were caught there and they have said that they had come to purchase the aforesaid narcotic substance for carrying them to Nepal. It appears that the petitioner is involved in the illegal business of Narcotics. He is in jail since 06.03.2025.
5. Learned A.P.P. has vehemently Patna High Court CR. MISC. No.82216 of 2025(2) dt.16-01-2026 3/3 opposed the prayer for bail.
6. Considering the nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application for regular bail is dismissed.
8. The S.S.B. Madhubani is directed to produce all the witnesses during the trial.
9. Let a copy of this order be sent to the I.G., S.S.B., Patna through FAX for its compliance.
4. Learned counsel for the petitioner submits that trial has started and one witness has been examined and therefore, the petitioner may be granted bail.
5. Considering the fact that trial has started, no ground for review is made out. Accordingly, this application for regular bail stands rejected.
(Sandeep Kumar, J) tusharika/-
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