Patna High Court
Ramesh KamtiversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
Holding
Bail was denied as the seriousness of the offence under the NDPS Act outweighed the petitioner’s claim of innocence and lack of prior record.
Summary
The petitioner, Ramesh Kamti, sought regular bail in a Special NDPS case concerning the alleged recovery of 330 kg of ganja from a pickup van he was driving. This was his fourth bail application, having been rejected on three prior occasions by the Patna High Court. The court noted that the case was scheduled for final arguments and that the petitioner had been in custody since July 2021 without any prior criminal record. The learned counsel for the State opposed the bail, emphasizing the seriousness of the offence under the NDPS Act. After considering the facts, the judge declined to grant bail, dismissing the application.
Issues considered
- Whether bail can be granted to an accused under Sections 8 and 20(ii)(b)(c) of the NDPS Act in a case involving large quantity of narcotics
- Whether the petitioner’s custody since 2021 and lack of antecedents justify bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(ii)(b)(c), 8
Subjects
- bail
- NDPS Act
- drug trafficking
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15319 of 2026
Arising Out of PS. Case No.-27 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Ramesh Kamti, S/o- Late Ramashish Kamti, resident of Village- Kalyanpur
PS-Chakmehsi Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sinha, Advocatec
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
5 15-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Special
N.D.P.S. Case No. 27 of 2021 arising out of Govt. Official
Complaint P.S. Case No. 27 of 2021 dated 06.07.2021 instituted
for the offence punishable under Sections 8, 20(ii))b)(c) of the
N.D.P.S. Act, but cognizance has been taken under Section
20(ii)(b)(c) of the N.D.P.S. Act.
3. This is Fourth attempt for regular bail on behalf of
the petitioner. Earlier, on thrice occasion, the regular bail
applications of the petitioner was rejected; firstly vide order
dated 28.09.2022 passed in Criminal Miscellaneous No. 10136
of 2022, Secondly vide order dated 05.01.2024 passed in
Patna High Court CR. MISC. No.15319 of 2026(5) dt.15-05-2026
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Criminal Miscellaneous No. 27343 of 2023 and thirdly, vide
order dated 18.07.2025 passed in Criminal Miscellaneous No.
36862 of 2025.
4. The allegation is of recovery of 330 kg. Ganja from
the pickup van bearing registration No. BR 33 M 4043 of which
the petitioner was the driver.
5. Vide order dated 10.04.2026, explanation was
called for from the court concerned with respect to the steps
taken for securing the attendance of the remaining prosecution
witness so as to ensure expeditious progress of the trial.
6. In compliance of the order dated 10.04.2026,
learned court below has submitted its report vide Letter No.
27/26 dated 04.05.2026 stating therein that the case is fixed for
final argument for argument of defence and next date is fixed on
06.05.2026.
7. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Lastly, it has been submitted that the petitioner is in
custody since 07.07.2021 having no criminal antecedents.
8. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
9. Having considered the facts and circumstances of the
case, I am not inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.15319 of 2026(5) dt.15-05-2026
3/3
10. The prayer for bail is once again rejected.
11. Accordingly, the application stands dismissed.
(Khatim Reza, J)
premchand/-
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