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Patna High Court

Kundan Prasad @ Kundan Kumar @ Kundan PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail, holding that the substantial quantity of contraband recovered justified refusal of bail.

Summary

The petitioner, Kundan Prasad, applied for regular bail in a case registered under Sections 8(c), 21(b) and 22(kha) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 221 grams of contraband were seized, 74 grams being linked to him. He has been in custody since 24 March 2026 and claims innocence and a clean criminal record. The court noted the large quantity of drugs recovered and was not persuaded to grant bail. Consequently, the bail application was dismissed. The court indicated that the petitioner may file a fresh bail prayer if the prosecution causes undue delay in trial.

Issues considered

  • Whether regular bail should be granted to an accused under the NDPS Act when a large quantity of contraband has been seized
  • Whether the petitioner’s claim of innocence and lack of prior criminal record merit bail in the circumstances

Legislation cited

Subjects

  • bail
  • NDPS Act
  • regular bail
  • drug seizure
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44882 of 2026
                    Arising Out of PS. Case No.-107 Year-2026 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Kundan Prasad @ Kundan Kumar @ Kundan Paswan Son of Upendra Prasad
                 Resident of Village- Fenala PS -Phenala District -Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Anubhav Vatsa
                 For the Opposite Party/s :     Mr. Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-07-2026                  Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Sadar P.S. (Darbhanga) Case No. 107 of 2026 registered for the

                   offence under Sections 8(c), 21(b), 22(kha) of the NDPS Act.

                                3. The total        recovery is of          221 grams            of

                   contraband/brown sugar out of which 74 grams has been

                   recovered from the petitioner.

                                4. The petitioner is in custody since 24.03.2026.

                                5. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He further submits that the petitioner has no criminal

                   antecedent.

                                6. Considering the fact that there is huge recovery of
          Patna High Court CR. MISC. No.44882 of 2026(2) dt.09-07-2026
                                                      2/2




                    contraband, this Court is not inclined to grant bail to the

                    petitioner.

                                  7. Accordingly, this application stands dismissed for

                    the present.

                                  8. If the prosecution delays the trial of the petitioner,

                    he may renew his prayer for bail.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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