Madhusudan Kamat @ Madhusudan Kumar Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40311 of 2026 Arising Out of PS. Case No.-140 Year-2026 Thana- LADANIA District- Madhubani ====================================================== Madhusudan Kamat @ Madhusudan Kumar Kamat Son of Late krishnadeo Kamat Resident of Village- Marnaiya, P.S.- Ladania, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saroj Kumar Choudhary For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20 and 21 of the NDPS Act and Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 310(4) and 310(5) of BNS.
3. The case of the prosecution is that police had information that the petitioner along with others has gathered at the house of Sambhu Kamat and they are planning to commit some offence. On this input, police raided the house of Sambhu Kamat and from his house, 20 grams of brown sugar, country made pistol, two live cartridges and other articles were recovered. Petitioner was apprehended from there.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.40311 of 2026(2) dt.24-06-2026 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the possession of this petitioner. Learned counsel for the petitioner has further submitted that from perusal of the seizure list, it is clear that all the recoveries have been made from the house of Sambhu Kamat. Petitioner was merely present there. It has further been submitted that as far as recovery of contraband is concerned, the same is though more than small quantity but is much less than commercial quantity. It has further been submitted that while making seizure, Section 105 of B.N.S.S. has not been complied and the seizure list witnesses are police personnel.
It has also been submitted that though the quantum of the contraband which has been recovered is though more than small quantity but is much less than commercial quantity. He further submits that similarly situated co-accused namely, Ajay Kumar Kamat has been granted bail by this Court vide Cr. Misc. No. 37234 of 2026. Moreover, a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.04.2026.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
Patna High Court CR. MISC. No.40311 of 2026(2) dt.24-06-2026 3/3
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ladania P.S. Case No. 140 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Madhubani.
(Ashok Kumar Pandey, J) Sudhanshu/- U T