Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances (B.N.S.S.) Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 22(b), 29, 8
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
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