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Patna High Court

Kundan Sada @ Kundan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that bail should be granted in the present NDPS case.

Summary

The petitioner, Kundan Sada, was arrested in connection with NDNDPS Case No. 39 of 2026 for alleged possession of 46.68 grams of smokeless tobacco (smack) and charged under Sections 8(c) and 21(b) of the NDPS Act. He applied for bail, claiming innocence, false implication, and that the seizure was not made in compliance with Section 105 of the Bihar Narcotic Substances (Control) Act. The State opposed bail, citing a prior criminal antecedent. The Court examined the quantity seized, the procedural lapse in seizure, and the petitioner’s custodial period since 25 March 2026. Finding that the quantity was below commercial threshold and procedural defects existed, the Court granted bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to a person accused under Sections 8(c) and 21(b) of the NDPS Act for possession of 46.68 grams of contraband.
  • Whether the seizure complied with Section 105 of the Bihar Narcotic Substances (Control) Act.
  • Whether the petitioner’s prior criminal antecedent precludes bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • quantity of contraband
  • seizure procedure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29848 of 2026
                  Arising Out of PS. Case No.-43 Year-2026 Thana- LAUHIYANAGAR District- Begusarai
                 ======================================================
                 Kundan Sada @ Kundan Kumar Chhabu Sada @ Chhabbu Sada R/O Village -
                 Jhoparpatti Ashok Nagar Pokharia, Ward no. 36, P.S- Town District -
                 Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bipin Kumar
                 For the Opposite Party/s :      Mr.Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with N.D.P.S. Case No. 39 of 2026 arising out of Lohiyanagar

                   P.S. Case No. 43 of 2026 registered for the offence punishable

                   under Sections 8(c) and 21(b) of the NDPS Act.

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

                   the possession of this petitioner, altogether 46.68 grams of

                   smack was recovered.

                                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. He also submits that nothing has been recovered from the
           Patna High Court CR. MISC. No.29848 of 2026(2) dt.07-05-2026
                                                       2/2




                     possession of this petitioner. The witnesses of the seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. He further submits

                     that the alleged recovery of contraband is though more than

                     small quantity but is much less than commercial quantity.

                     Moreover, the petitioner is languishing in judicial custody since

                     25.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has 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 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

                     Principal Sessions Judge, Begusarai in connection with NDPS

                     Case No. 39 of 2026 arising out of Lohiyanagar P.S. Case 43 of

                     2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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