Patna High Court
Madhusudan Kamat @ Madhusudan Kumar KamatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding that the circumstances did not warrant continued custody.
Summary
The petitioner, Madhusudan Kamat, was arrested after police raided a house in Ladania and seized 20 grams of brown sugar, a country-made pistol, live cartridges and other items. The prosecution alleged that the petitioner was part of a plan to commit offences under the NDPS Act, Arms Act and Bihar Narcotic Substances (BNS) statutes. The petitioner contended that he was merely present at the house, had no possession of the contraband, and that the seizure did not comply with Section 105 of the BNS Act; he also highlighted the lack of prior criminal record and that a co‑accused had been granted bail in a similar case. The State opposed the bail application, arguing the seriousness of the offences. After hearing both sides, the court found the petitioner’s arguments persuasive and ordered his release on regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Principal Sessions Judge.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 20 and 21 of the NDPS Act, the Arms Act and BNS provisions.
- Whether the seizure of contraband complied with the procedural requirements of Section 105 of the BNS Act.
- Whether mere presence at the scene, without possession, is sufficient grounds for continued detention.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances (BNS) Act — s. 310(4), 310(5)
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 21
Subjects
- regular bail
- NDPS Act
- Arms Act
- Bihar Narcotic Substances Act
- seizure procedure
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40311 of 2026
Arising Out of PS. Case No.-140 Year-2026 Thana- LADANIA District- Madhubani
======================================================
Madhusudan Kamat @ Madhusudan Kumar Kamat Son of Late krishnadeo
Kamat Resident of Village- Marnaiya, P.S.- Ladania, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar Choudhary
For the Opposite Party/s : Mr.Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-06-2026 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 20 and 21
of the NDPS Act and Sections 25(1-b)a, 26 and 35 of the Arms
Act and Sections 310(4) and 310(5) of BNS.
3. The case of the prosecution is that police had
information that the petitioner along with others has gathered at
the house of Sambhu Kamat and they are planning to commit
some offence. On this input, police raided the house of Sambhu
Kamat and from his house, 20 grams of brown sugar, country
made pistol, two live cartridges and other articles were
recovered. Petitioner was apprehended from there.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.40311 of 2026(2) dt.24-06-2026
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petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Nothing has been recovered
from the possession of this petitioner. Learned counsel for the
petitioner has further submitted that from perusal of the seizure
list, it is clear that all the recoveries have been made from the
house of Sambhu Kamat. Petitioner was merely present there. It
has further been submitted that as far as recovery of contraband
is concerned, the same is though more than small quantity but is
much less than commercial quantity. It has further been
submitted that while making seizure, Section 105 of B.N.S.S.
has not been complied and the seizure list witnesses are police
personnel. It has also been submitted that though the quantum of
the contraband which has been recovered is though more than
small quantity but is much less than commercial quantity. He
further submits that similarly situated co-accused namely, Ajay
Kumar Kamat has been granted bail by this Court vide Cr. Misc.
No. 37234 of 2026. Moreover, a statement has been made in
para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
12.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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3/3
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
Ladania P.S. Case No. 140 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 Principal Sessions Judge,
Madhubani.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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