Patna High Court
Kamrul Hoda @ Md. Kamrul HodaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail could not be granted as the petitioner was implicated in a large‑scale drug seizure and had a prior similar conviction.
Summary
The petitioner, Kamrul Hoda, applied for bail in a case under Sections 8(c), 21(B)(ii)(c) and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 287.55 quintals of ganja were recovered from a cowshed belonging to him. He claimed innocence, arguing that the cowshed was open and that no contraband was found in his personal possession, and that he had been in custody since 18‑09‑2025. The State opposed bail, highlighting the recovery of a large quantity of narcotics from the petitioner’s premises and his prior criminal antecedent of a similar nature. Considering the seriousness of the offence, the massive quantity seized, and the petitioner’s antecedent, the court rejected the bail application. The court also directed the trial court to expedite the trial and conclude it within one year of receiving the order.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the large quantity of narcotics recovered and his prior criminal antecedent
- Whether the circumstances of the case warrant denial of bail despite the petitioner’s claim of innocence
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(B)(ii)(c), 22, 8(c)
Subjects
- bail
- NDPS Act
- drug trafficking
- large quantity seizure
- criminal antecedent
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27041 of 2026
Arising Out of PS. Case No.-325 Year-2024 Thana- RAMGARHWA District- East
Champaran
======================================================
Kamrul Hoda @ Md. Kamrul Hoda S/O Arkam Miyan Resident of Village-
Belahiya, P.S.-Ramgarhwa, District- East Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ram Adya Singh, Advocate
For the State : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 8(c), 21(B)(ii)(c) and 22 of
the N.D.P.S. Act.
3. As per prosecution case, 287.55 quintal Ganja was
recovered from the cowshed of this petitioner.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Petitioner has falsely been implicated in this merely on
suspicion. No incriminating article has been recovered from
possession of this petitioner. The alleged cow shed is in an open
place and accessible to one and all. Moreover, charge-sheet has
already been submitted and petitioner is in custody since
Patna High Court CR. MISC. No.27041 of 2026(2) dt.08-05-2026
2/2
18.09.2025.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner
and submitted that petitioner is named in the F.I.R. and 287.55
quintal Ganja was recovered from the cowshed of this
petitioner. Petitioner has got one criminal antecedent of similar
nature.
6. Considering the facts and circumstances of the
case, nature of accusation, recovery of huge quantity of
contraband and criminal antecedent of the petitioner, the prayer
for grant bail of to the petitioner is rejected.
7. However, considering the fact that petitioner is in
custody since 18.09.2025, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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