Patna High Court
Kundan Sada @ Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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