Created by Fuzzy Cloud

Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail in the NDPS case.

Summary

The petitioner, Kundan Kumar, sought regular bail in a case under the NDPS Act where 13.222 kg of ganja was allegedly recovered from a bag in his possession. The petitioner claimed innocence, asserting that the bag was handed to him for transport and he was unaware of the contraband, and that the police seizure did not comply with Section 105 of the B.N.S.S. He also highlighted the absence of any recovery from his direct possession, the quantity being less than commercial scale, and his clean criminal record despite being in custody since 9 October 2025. The State opposed the bail, emphasizing the seriousness of the offence and the quantity seized. After hearing both sides, the court considered the facts, the alleged procedural lapses in seizure, and the petitioner’s lack of antecedents, and decided to grant regular bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties of equal amount to the satisfaction of the appropriate authorities.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act despite the alleged seizure of 13.222 kg of ganja.
  • Whether the police complied with Section 105 of the B.N.S.S. in effecting the seizure.
  • Whether the quantity seized, being less than commercial quantity, warrants denial of bail.
  • Whether the petitioner’s lack of criminal antecedents and claim of ignorance of the contraband justify bail.

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • seizure procedure
  • Section 105
  • quantity of contraband
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28911 of 2026
                        Arising Out of PS. Case No.-207 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Kundan Kumar S/o Pramod Ram R/o Vill - Nayatola, Ward no. 11, P.S. - S.
                 Kamal, Dist. - Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vinod Gautam, Advocate
                 For the Opposite Party/s :        Mr.Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                   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 8, 20(b)(ii)

                   (B), 22(b) and 29 of the N.D.P.S. Act.

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

                   the bag of this petitioner, altogether 13.222 Kg. of ganja like

                   contraband was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   been falsely implicated in this case. Nothing has been recovered

                   from his possession. It has further been submitted that the

                   witnesses of the seizure list are police personnel. Police has not

                   complied Section 105 of the B.N.S.S. while making the seizure.
             Patna High Court CR. MISC. No.28911 of 2026(2) dt.05-05-2026
                                                         2/2




                       It has further been submitted that the bag was handed over to the

                       petitioner by somebody for transportation. He was unaware of the

                       contraband kept in the bag. It has further been submitted that the

                       alleged recovery of contraband is though more than small quantity

                       but is much less than commercial quantity. P etitioner is having no

                       criminal antecedent and he is languishing in judicial custody

                       since 09.10.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail.

                                    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

                       Lakho P.S. Case No. 207 of 2025 on furnishing bail bond of

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

                       each to the satisfaction of learned District and Additional

                       Sessions Judge-1st-cum-Spl. Judge, N.D.P.S. Act and P.O. of

                       Children Court, Begusarai.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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