Patna High Court

Kundan Sah @ Kundan Kumar SahversusThe State of Bihar

Decided: 25 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner with conditions of surety and personal appearance.

Summary

Kundan Sah was arrested in connection with a case where 115 kg of ganja was recovered from a co-accused, Arun Bahadar, who named the petitioner and two others. The petitioner claimed he had no involvement, no drugs were found on him, and he had no prior criminal record. He cited that two other co-accused in similar circumstances had been granted bail by the same court. The State opposed the bail, but the court, after hearing both sides, decided to grant bail on the condition that a close family member act as bailor and the petitioner appear in court on all dates, with a bail bond of Rs.10,000 and two sureties of the same amount. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

Whether bail should be granted to the petitioner under Sections 8 and 20(b)(ii)(c) of the NDPS Act given the facts of the case
Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Whether the grant of bail to co‑accused in similar cases warrants a similar order for the petitioner

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8

Subjects

bail
NDPS Act
drug trafficking
judicial custody
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13462 of 2026
                        Arising Out of PS. Case No.-63 Year-2025 Thana- FULKAHA District- Araria
                 ======================================================
                 Kundan Sah @ Kundan Kumar Sah Son of Kanhaiya Lal Sah R/o Village -
                 Nawabganj, Ward no. - 08, P.S. - Fulkaha, Dit. - Araria, Bihar, - 854336.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nishant Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Fulkaha P.S. Case No. 63 of 2025 registered for the offence

                   punishable under Sections 8/20 (b) (ii) (c) of the N.D.P.S. Act.

                                3. The case of the prosecution in short is that from one

                   Arun Bahadar altogether 115 kg of Ganja was recovered. The

                   said Arun Bahadar disclosed the name of this petitioner and two

                   other.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. It is further submitted that nothing has been recovered

                   from the possession of this petitioner. Petitioner’s name has
Patna High Court CR. MISC. No.13462 of 2026(2) dt.25-02-2026
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          surfaced in the statement of the co-accused. It has also been

          submitted that a similarly situated co-accused, namely, Sanjay

          Bahadar, has been granted bail by the learned coordinate bench

          of this court in Cr. Misc. No. 70482 of 2025. The case of this

          petitioner stands on similar footing. It is further submitted that

          co-accused, namely, Ravi Kumar Sah @ Ravi Kumar @ Ravi

          Sah has already been granted bail by a bench of this Court vide

          order dated 12.12.2025 passed in Cr. Misc. No. 57441 of 2025.

          Moreover, the petitioner is languishing in judicial custody since

          18.12.2025 having no criminal antecedent.

                       5. The application for bail is opposed by learned APP

          for the State.

                       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 with the condition

          that one of the bailors shall be close family member of the

          petitioner and petitioner shall appear on each and every

          date in the learned trial court. The above named petitioner is

          directed to be enlarged on bail on furnishing bail bond of Rs.

          10,000/- (Rs. ten thousand only) with two sureties of the like

          amount each to the satisfaction of the learned Sessions Judge-

          cum-Special Judge N.D.P.S. Act, Araria in connection with
            Patna High Court CR. MISC. No.13462 of 2026(2) dt.25-02-2026
                                                        3/3




                      Fulkaha P.S. Case No. 63 of 2025.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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