Patna High Court
Kundan Kumar @ Nepali @ NepoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petitioner, Kundan Kumar, was arrested in connection with a case alleging possession of various narcotic substances seized from a cold drink shop owned by Manoj Yadav. He contended that he was falsely implicated, that the seizure list violated the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Code of Criminal Procedure, and that there were no independent witnesses to the seizure. The State opposed bail, citing the seriousness of the offences under the NDPS Act. The Court examined the allegations, the delay in forwarding the FIR, and the petitioner’s claim of prior bail in other cases. It granted bail on the condition of a Rs.10,000 bond with two sureties and imposed specific compliance conditions, including regular appearance before the SHO and cooperation with the trial. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged violations in the seizure process under the NDPS Act.
- Whether the procedural lapses alleged under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Code of Criminal Procedure justify denial of bail.
Legislation cited
Subjects
- bail
- NDPS Act
- drug seizure
- procedural violation
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11472 of 2026
Arising Out of PS. Case No.-497 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
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Kundan Kumar @ Nepali @ Nepo Son of Abdhesh Mahto @ Late Awdhesh
Mahto @ Abdhesh Rai Resident of village - Bagha, Ward No.- 29, Gachhi
Tola, P.S.- Lohiya Nagar, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mrs.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Town
P.S. Case No. 497 of 2025, dated 27-11-2025 instituted for the
offence punishable under Sections 8,20(b), (ii) (B), 21(b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The allegation is of recovery of 27 pieces of
Codeine Phosphate & Triprolidine Hcl. cough syrup, 29 pieces
of Pentazocine injection and 56 tables of Nitrazepam from the
possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the petitioner has been
arrayed as an accused merely on account of his past criminal
antecedents. It is further submitted that the seizure list itself
Patna High Court CR. MISC. No.11472 of 2026(2) dt.26-02-2026
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discloses that the recovery was made from Manoj Cold Drink
Shop situated near Power House Road. The FIR clearly records
that the said shop belongs to Manoj Yadav and not to the
petitioner. It is further submitted that the seizure list has been
prepared in violation of the mandatory provisions of the
Bharatiya Nagarik Suraksha Sanhita, 2023 as well as the Code
of Criminal Procedure. There is no independent witness to the
alleged seizure and the seizure list has been endorsed only by
police personnel. Further, it is submitted that while the FIR is
stated to have been lodged on 27.11.2025 the same was
forwarded to the Court of the learned Principal Sessions Judge,
Begusarai on 29.11.2025 without any plausible explanation for
the delay. Lastly, it is submitted that the petitioner has been in
custody since 29.11.2025 and 15 criminal cases are stated to be
pending against him and in all such case he is already on bail.
5. Learned A.P.P. has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Principal Sessions Judge-
Begusarai, in connection with Town P.S. Case No. 497 of 2025,
Patna High Court CR. MISC. No.11472 of 2026(2) dt.26-02-2026
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NDPS case no. 90 of 2025, subject to the following conditions:
(i) that the petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the court below, (ii)
that one of the bailors will be his own blood relation, preferably
father, mother, brother, sister and or his wife, (iii) that the bailor
shall also state on affidavit that he will inform the court
concerned if the petitioner is made accused in any other case of
similar nature after his release in the present case and thereafter
the court below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse (iv) that 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 and (v) that the petitioner will appear before the SHO of
concerned PS in the first week of each month till conclusion of
the trial.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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