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Patna High Court

Kamlesh Singh BhoktaversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied because the seized contraband was of commercial quantity and was recovered from the petitioner's house.

Summary

The petitioner, Kamlesh Singh Bhokta, applied for bail in a case under Sections 18, 20 and 22 of the NDPS Act, alleging that 76.9 kg of poppy straw was recovered from his mud house. He claimed false implication and highlighted that a co-accused had already been granted bail. The State opposed bail, emphasizing the large, commercial quantity of the seized narcotics and the fact that they were found at the petitioner's residence. The Court, after considering these facts, refused to grant bail, directing the trial court to expedite the trial. The Court further allowed the petitioner to renew his bail application if no substantial progress is made within six months.

Issues considered

  • Whether bail should be granted to the petitioner under the NDPS Act given the commercial quantity of narcotics recovered from his residence

Legislation cited

Subjects

  • NDPS Act
  • bail
  • commercial quantity
  • drug trafficking
  • trial expediting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76940 of 2025
                        Arising Out of PS. Case No.-71 Year-2025 Thana- DHANGAI District- Gaya
                 ======================================================
                 Kamlesh Singh Bhokta S/O Janki Singh R/O Vill.- Pakriya, P.S.- Dhangai,
                 Dist.- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mrs. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   24-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offences punishable under Sections 18, 20 and 22 of the

                   NDPS Act.

                                   3.    The allegation against the petitioner is that

                   76.900 kgs. of Doda (Poppy Straw) is said to have been

                   recovered from the wodden roof of the mud house of the

                   petitioner.

                                   4. It is submitted by learned counsel for the

                   petitioner that the petitioner has been falsely implicated in this

                   case showing recovery of 76.900 kgs of Poppy Straw from his

                   mud house. It is further submitted that the co-accused, Birju

                   Yadav has already been granted bail by a coordinate Bench of
            Patna High Court CR. MISC. No.76940 of 2025(4) dt.24-02-2026
                                                        2/2




                      this Court vide order dated 16.09.2025 passed in Cr. Misc.

                      No.63053 of 2025 on the ground that the recovery was made

                      from the house of the petitioner. Petitioner is in custody since

                      06.07.2025, with no criminal antecedent and charge-sheet has

                      been submitted.

                                        5.     Learned APP for the State opposed the bail

                      petition on the ground that the seized contraband is more than

                      of commercial quantity and the same has been recovered from

                      the house of the petitioner.

                                   6.        Taking   into    consideration   the   facts   and

                      circumstances of the case, the quantity of seizure and the place

                      of recovery, I am not inclined to enlarge the petitioner on bail.

                      However, the learned Trial Court is directed to expedite the trial

                      and in case no substantial progress is being made within six

                      months, the petitioner would be at liberty to renew his prayer for

                      bail.


                                                  (Soni Shrivastava, J)

Trivedi/-

U       T


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