Created by Fuzzy Cloud

Patna High Court

Kalma KhatoonversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.