Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted due to the large quantity of narcotics seized.
Summary
Kundan Kumar was arrested in connection with a case under Sections 8(c) and 20(B)(ii) of the NDPS Act for the alleged recovery of 4.172 kg of ganja. He had been in custody since 14 February 2026 and applied for bail, claiming a clean antecedent. The court examined the quantum of the narcotic seized and concluded that the large amount weighed against the grant of bail. Consequently, the bail application was dismissed, with a note that the petitioner could re‑apply if the trial is unduly delayed. The judgment was limited to the bail application and did not express any view on the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted to the accused under Sections 8(c) and 20(B)(ii) of the NDPS Act in view of the seizure of 4.172 kg of ganja.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii), 8(c)
Subjects
- bail
- NDPS Act
- narcotics seizure
- quantum of drugs
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21575 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Kundan Kumar S/o- Suresh Prasad @ Gupta R/v- Ghanshyambigha Ps-
Makhdumpur Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Mr.Md. Ataur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Makhdumpur (Tehta) P.S. Case No. 132 of 2026 registered for
the offence under Sections 8(c), 20(B)(ii) of the NDPS Act.
3. As per the prosecution case, the recovery is of
4.172 Kg of Ganja.
4. The petitioner is in custody since 14.02.2026 and
he claims to have clean antecedent.
5. Considering the quantum of recovery, this court
is not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. If the trial of the petitioner is delayed by the
prosecution then the petitioner may renew his prayer for bail.
Patna High Court CR. MISC. No.21575 of 2026(2) dt.06-04-2026
2/2
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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