Patna High Court
Kamlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner in the NDPS case.
Summary
Kamlesh Kumar was arrested on 26 June 2025 for alleged possession of 7.5 kg of ganja, alleged under sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner claimed the drugs belonged to a passenger and that he had no criminal antecedent. The State opposed bail, relying on a forensic report confirming the seized substance as ganja. The Court noted that the quantity was below the commercial threshold, the petitioner had been in custody for several months, a charge‑sheet had been filed, but he had no prior NDPS record. Considering these factors, the Court ordered regular bail on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Court.
Issues considered
- Whether bail can be granted in an NDPS case where the seized quantity is below the commercial quantity and the accused has no prior NDPS antecedent.
- Whether the filing of a charge‑sheet and prolonged pre‑trial custody preclude the grant of bail.
- Whether the claim of false implication affects the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- NDPS Act
- regular bail
- possession of ganja
- commercial quantity
- criminal antecedent
- exclusive special court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75507 of 2025
Arising Out of PS. Case No.-469 Year-2025 Thana- FATUA District- Patna
======================================================
Kamlesh Kumar S/o Prakash Mahto Resident of Navi Nagar, P.S.- Deep
Nagar, Dist.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Prasad Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Special (N.D.P.S.) Case
no. 178 of 2025 (arising out of Fatuha P.S. Case no. 469 of
2025) registered under sections 8, 20(b)(ii)(B) of the N.D.P.S.
Act.
3. As per the prosecution case, 7.5 kgs. of ganja was
recovered from the tempo being driven by this petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The ganja which is
much below the commercial quantity belonged to one of the
passengers who had left it behind. The petitioner has no concern with
the seized ganja. He is in custody since 26.6.2025 and has no
Patna High Court CR. MISC. No.75507 of 2025(4) dt.21-01-2026
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criminal antecedent.
5. The application for bail is opposed by learned APP
for the State who submits that in the Forensic Science
Laboratory report, the seized article has been confirmed to be
ganja.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the seized
quantity being below the commercial quantity, the petitioner
having remained in custody since 26.6.2025, chargesheet having
been submitted in the case and specially the petitioner not
having any criminal antecedent under the N.D.P.S. Act, the
Court directs the petitioner to be enlarged on bail in connection with
Special (N.D.P.S.) Case no. 178 of 2025 (arising out of Fatuha P.S.
Case no. 469 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 Exclusive Special Court, (N.D.P.S.
Act) No. II, Patna.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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