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Patna High Court

Komal KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that regular bail should be granted to the petitioner.

Summary

The Patna High Court heard an application for regular bail filed by Komal Kumari, who was charged under sections 20(b)(ii)(B) and 8 of the Narcotic Drugs and Psychotropic Substances Act for possession of 9 kg of ganja. The prosecution alleged that 9 kg was recovered from her possession while a co‑accused had 10 kg. The petitioner, a woman with no prior criminal record, had been in custody since 21 April 2025 and the charge‑sheet had already been filed. Her counsel contended that no incriminating article was found on her and that she was falsely implicated. Considering that the quantity was below the commercial threshold, her gender, lack of antecedents and the nine‑month pre‑trial detention, the Court ordered her release on regular bail with a bond of Rs.10,000 and two sureties, subject to conditions for cooperation and possible cancellation. The bail may be revoked if the statements about her antecedents prove incorrect or if she obstructs the trial.

Issues considered

  • Whether regular bail can be granted to an accused under the NDPS Act when the seized quantity is less than commercial quantity
  • Whether factors such as the accused’s gender, absence of criminal antecedent and prolonged pre‑trial detention justify the grant of bail

Legislation cited

Subjects

  • NDPS Act
  • regular bail
  • possession of cannabis
  • commercial quantity
  • pre‑trial detention
  • gender considerations
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75500 of 2025
                     Arising Out of PS. Case No.-94 Year-2025 Thana- MUZAFFARPUR (R.T) District-
                                                       Muzaffarpur
                 ======================================================
                 Komal Kumari, W/o Sanoj Yadav, R/o Village- Birojpur Pokhriya, P.S.-
                 Dharhara, District- Munger

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   11-02-2026                  1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Rail Muzaffarpur P.S.

                   Case no.94 of 2025, registered under sections 20(b)(ii)(B) and 8

                   of the N.D.P.S. Act.

                                3. As per the prosecution case, on a search being

                   conducted 10 kg of ganja was recovered from the possession of

                   a co-accused Sijan Yadav while 9 kg of ganja was recovered

                   from the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the petitioner’s

                   possession who is a lady having no criminal antecedent. She has

                   been falsely implicated in the case. The petitioner is in custody

                   since 21.4.2025 and charge-sheet has been submitted in the
Patna High Court CR. MISC. No.75500 of 2025(4) dt.11-02-2026
                                            2/3




          case.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegation in the F.I.R., the said

          recovery from the possession of the petitioner being less than

          the commercial quantity, the petitioner who is a lady having

          remained in custody for 9 months since 21.4.2025 and

          especially her not having any criminal antecedent, the petitioner

          is directed to be enlarged on bail in connection with Rail

          Muzaffarpur P.S. Case no.94 of 2025, 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 Chief Judicial

          Magistrate, Muzaffarpur on the following conditions :-

                       (I) In case the statement with respect to the petitioner

          not having any criminal antecedent is found to be incorrect, the

          prosecution will have the liberty to move this Court for

          cancellation of bail of the petitioner.

                       (II) The petitioner shall remain properly represented

          in the learned trial Court on each date of the case/trial and shall

          cooperate in the trial.

                       (III)    In case, the learned Court below is of the
            Patna High Court CR. MISC. No.75500 of 2025(4) dt.11-02-2026
                                                        3/3




                      opinion that the case/trial is being delayed due to non-

                      cooperation on part of the petitioner, the learned Court below

                      may cancel the bail bond of the petitioner and take her into

                      custody till conclusion of the trial.


                                                                   (Partha Sarthy, J)
avinash/-

U      T


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