Created by Fuzzy Cloud

Patna High Court

Madan KamatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding that the quantity was below commercial level and the procedural safeguards under the NDPS Act were not satisfied.

Summary

The petitioner, Madan Kamat, was arrested in connection with a case involving the alleged recovery of 2 kg of ganja, alleged under Sections 20 and 22 of the NDPS Act. He claimed false implication, had no prior criminal record, and no incriminating material was found on his person. The prosecution opposed bail, while the petitioner argued that the quantity was below commercial level, making Section 37 inapplicable, and that Sections 42 and 50 were not complied with. The court considered the low quantity, the duration of custody, and the lack of evidence against the petitioner, and decided to grant bail. Bail was set at Rs. 15,000 with two sureties and conditions regarding appearance, family surety, and non‑tampering with evidence or witnesses.

Issues considered

  • Whether bail should be granted to the accused under the NDPS Act for alleged possession of 2 kg of ganja.
  • Whether the recovered quantity falls under the definition of commercial quantity under Section 37 of the NDPS Act.
  • Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • commercial quantity
  • Section 37
  • Section 20
  • Section 22
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85987 of 2025
                     Arising Out of PS. Case No.-105 Year-2025 Thana- DEODHA District- Madhubani
                 ======================================================
                 Madan Kamat S/O Late Rambriksh Kamat Resident of Village- Kamalapatti
                 (Kamalapat Patti), P.S.- Harlakhi, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Deodha

                   P.S. Case No. 105 of 2025, G.R. No. 87 of 2025 instituted for

                   the offences under Sections 20, 22 of the N.D.P.S. Act.

                               3. Prosecution case, in short, is that total 2 kg. of

                   ganja has been recovered in this case.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Charge-sheet has been submitted in this case. Petitioner is in

                   custody since 25.09.2025 and has no criminal antecedent. There

                   is no allegation of tampering of witnesses alleged against the

                   petitioner. No incriminating material has been recovered from
Patna High Court CR. MISC. No.85987 of 2025(2) dt.12-01-2026
                                            2/3




          the conscious possession of the petitioner. Petitioner has no

          concern with the alleged recovery. The recovered contraband is

          below commercial quantity, and hence, Section 37 of the

          N.D.P.S. Act is not applicable in the present case. There is no

          compliance of Sections 42 and 50 of the N.D.P.S. Act.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case, recovered contraband being less than the

          commercial quantity as also the period of custody undergone by

          the petitioner, this Court is inclined to grant bail to the

          petitioner.

                        7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Deodha P.S. Case

          No. 105 of 2025, G.R. No. 87 of 2025, subject to the following

          conditions:

                        (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                        (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.85987 of 2025(2) dt.12-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                  (III) If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.