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Patna High Court

Munchun KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with sureties.

Summary

The petitioner, Munchun Kumar, was arrested in connection with the alleged possession of 139.65 grams of heroin, a mobile phone and cash, and charged under Section 111(2)(b) of the Bihar Narcotic Substances (B.N.S.) Act and Sections 8(c), 22(b) and 29 of the NDPS Act. He applied for regular bail, claiming innocence, asserting that the seizure was not made in compliance with Section 105 of the B.N.S. Act, and that the quantity seized was far below commercial levels. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the court considered the nature of the offence, the alleged procedural lapse in seizure, and the petitioner’s custody since January 2026, and decided to grant bail on a bond of Rs.10,000 with two sureties. The order directs the petitioner’s release upon satisfaction of the bail conditions by the District and Additional Sessions Judge‑II, Vaishali.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the alleged possession of heroin and non‑compliance with Section 105 of the B.N.S. Act.
  • Whether the quantity of heroin seized warrants denial of bail.
  • Impact of the petitioner’s prior criminal antecedent on the bail decision.

Legislation cited

Subjects

  • regular bail
  • heroin possession
  • NDPS Act
  • B.N.S. Act
  • Section 105 compliance
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29070 of 2026
                   Arising Out of PS. Case No.-6 Year-2026 Thana- INDUSTRIAL AREA District- Vaishali
                 ======================================================
                 Munchun Kumar, S/o Chandradeep Singh @ Chandradip Singh, R/o Village -
                 Dilawarpur Govardhan, P.S - Bidupur, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr.Abhay Kumar, 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 Section 111(2)(b) of

                   B.N.S. and Sections 8(c), 22(b) and 29 of N.D.P.S. Act.

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

                   the possession of this petitioner, 139.65 grams of heroin was

                   recovered. A mobile and some cash were also 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.29070 of 2026(2) dt.05-05-2026
                                                         2/2




                       It has further been submitted that the alleged recovery of

                       contraband is though more than small quantity but is much less

                       than commercial quantity. Petitioner is languishing in judicial

                       custody since 06.01.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail and has

                       submitted that petitioner is having criminal antecedent of one

                       case.

                                    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

                       Industrial Area P.S. Case No. 06 of 2026 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-II, Vaishali at Hajipur.



                                             (Ashok Kumar Pandey, J)
lata/-
U        T


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