Patna High Court
Kamlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, subject to a bond and conditions, finding no sufficient basis to deny bail.
Summary
The petitioner, Kamlesh Kumar, was arrested in a case registered under Section 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly discarding large quantities of intoxicant syrups containing codeine and nitrazepam. The prosecution claimed the contraband was recovered, but the petitioner argued that the items were found in an open bamboo clamp and not in his possession, contending a violation of Sections 42 and 45 of the NDPS Act. The State opposed bail, citing a prior similar offence, though the petitioner was already on bail for that case. The court noted that a co‑accused, Kaushal Prasad Gupta, had been granted bail by a coordinate bench and, considering the circumstances, ordered the petitioner’s bail to be enlarged upon furnishing a Rs.10,000 bond with two sureties. Conditions imposed included a relative as one bailor and a prohibition on committing similar offences until trial concludes.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 21(c) of the NDPS Act given the alleged recovery of contraband from an open place.
- Whether the alleged violation of Sections 42 and 45 of the NDPS Act precludes grant of bail.
- Whether the petitioner’s prior criminal antecedent affects the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 42, 45
Subjects
- bail
- NDPS Act
- Section 21(c)
- codeine
- nitrazepam
- contraband recovery
- open place
- prior criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33821 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- BELA District- Sitamarhi
======================================================
Kamlesh Kumar S/O Late Badri Prasad Gupta R/O Vill.- Macchpakoni, P.S-
Bela, Dist – Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 21 (c) of the N.D.P.S. Act.
3. As per the prosecution case, huge quantity of
intoxicant syrups and medicines containing Codeine and
Nitrazepam etc like contraband are said to have been recovered,
which were allegedly thrown by the petitioner and others.
4. It is submitted by learned counsel for the
petitioner that no recovery has been made from the conscious
or physical possession of the petitioner, rather the same was
recovered from a bamboo clamp which is an open place and
easily accessible to anyone, hence no liability can be fastened
on the petitioner. It is further submitted that there is violation of
Section 42 and 45 of the N.D.P.S. Act. It is pointed out that one
similarly situated co-accused, Kaushal Prasad Gupta has already
been granted the privilege of bail by a coordinate Bench of this
Patna High Court CR. MISC. No.33821 of 2026(3) dt.11-06-2026
2/2
Court vide order dated 21.05.2026 passed in Cr. Misc. No.35425
of 2026. The petitioner has been languishing in custody since
22.03.2026.
5. Learned APP for the State opposed the bail
petition on the ground that the petitioner has one criminal
antecedent of similar nature of the offence. In response, it is
submitted that petitioner is on bail in the said case.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
similarly situated co-accused has already been granted the
privilege of bail, the above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Bela P.S. Case
No.80 of 2026, subject to the conditions that :
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall not indulge himself in any
similar offence till conclusion of the trial.
(Soni Shrivastava, J)
Trivedi/-
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