Patna High Court
Komal KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
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
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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
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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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