Patna High Court
Kalma KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing her release on a bail bond with two sureties.
Summary
The petitioner, Kalma Khatoon, sought regular bail in a case under sections 8(C), 20(b)(ii)(B) and 27A of the NDPS Act after 7.956 kg of ganja was seized from her residence. She claimed innocence, alleged that the seizure violated Section 105 of the Bihar Narcotic Substances (Seizure) Act, and highlighted the absence of any contraband in her personal possession, her lack of prior criminal record, and her continued judicial custody since 11 March 2026. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the court noted the procedural lapse in the seizure and the fact that the quantity, though above the small‑quantity threshold, was far below commercial quantity, and therefore granted regular bail. The court ordered her release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge NDPS, Bettiah.
Issues considered
- Whether regular bail can be granted in an NDPS case where the seized quantity exceeds the small‑quantity limit but is less than commercial quantity
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances (Seizure) Act warrants the grant of bail
- Whether the petitioner’s lack of prior criminal antecedent and claim of innocence justify bail despite the seriousness of the offence
Legislation cited
- Bihar Narcotic Substances (Seizure) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 27A, 8(C)
Subjects
- bail
- NDPS Act
- drug seizure
- procedural lapse
- small quantity
- commercial quantity
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40225 of 2026
Arising Out of PS. Case No.-152 Year-2026 Thana- BETTIAH CITY District- West
Champaran
======================================================
Kalma Khatoon W/o Slam Mian @ Salam Miya Resident of Village- Bus
stand Ward No. 25 Nimia Mai Mandir Near Pokhra, P.S.- Bettiah Town,
District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8(C), 20(b)
(ii)(B) and 27 A of NDPS Act.
3. The case of the prosecution is that altogether 7.956
kgs of ganja was recovered from the house of the petitioner.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has committed no offence. He
has falsely been implicated in this case. Nothing has been
recovered from the possession of the petitioner. Learned counsel
for the petitioner has submitted that while making seizure,
Section 105 of B.N.S.S. has not been complied and the seizure
Patna High Court CR. MISC. No.40225 of 2026(2) dt.23-06-2026
2/2
list witnesses are police personnel. It has also been submitted
that though the quantum of the contraband which has been
recovered from the possession of this petitioner is more than
small quantity but is much less than commercial quantity.
Petitioner is having no criminal antecedent. Moreover, she is
languishing in judicial custody since 11.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bettiah Town P.S. Case No. 152 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge NDPS, Bettiah, West Champaran.
(Ashok Kumar Pandey, J)
Sneha/-
Dolly/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.