Patna High Court

Kunal Krishna Kumar Roy @ Kunal Roy @ Kunalkrishna Kumar RoyversusThe State of Bihar

Decided: 9 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court confirmed the provisional bail and granted regular bail to the petitioner.

Summary

The petitioner, Kunal Krishna Kumar Roy, sought regular bail in a case under Sections 8(c), 21(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution alleged that three persons, including the petitioner, were apprehended, but only one of them, Rupak Kumar Mehta, was found in possession of 515 grams of cannabis; no contraband was recovered from the petitioner. The petitioner argued that he has a clean antecedent, has been in judicial custody since 17‑03‑2025, and had previously been granted provisional bail on medical grounds. The State opposed the bail application. The court, after considering the lack of seizure from the petitioner, his clean record and medical condition, confirmed the earlier provisional bail and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail can be granted to the petitioner under the NDPS Act despite the seriousness of the alleged offences
Whether the absence of any narcotic seizure from the petitioner and his clean antecedent justify bail

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 25, 29, 8(c)

Subjects

bail
NDPS Act
narcotics
medical grounds
clean antecedent
provisional bail
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48979 of 2025
                         Arising Out of PS. Case No.-74 Year-2025 Thana- Mufassil District- Purnia
                 ======================================================
                 Kunal Krishna Kumar Roy @ Kunal Roy @ Kunalkrishna Kumar Roy Son of
                 Late Shyam Sundar Roy Resident of Anand Bihar Colony, Sarna Chowk, P.S.-
                 Sadar, District - Purnea
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Md. Fazle Karim, Advocate
                 For the Opposite Party/s :         Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   09-01-2026                  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(c), 21(c), 25

                   and 29 of the Narcotic Drugs and Psychotropic Substances Act,

                   1985.

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

                   persons were apprehended and were identified as Rupak Kumar

                   Mehta, Kunal Krishna Kumar Roy (the petitioner) and Ahad.

                                4. Learned counsel for the petitioner submits that from

                   perusal of the FIR itself it is clear that first of all Rupak was

                   subjected to search and from his possession altogether 515 gm of

                   smack was recovered and from possession of this petitioner

                   nothing was recovered. Learned counsel for the petitioner has

                   submitted that though all the three persons including the petitioner
            Patna High Court CR. MISC. No.48979 of 2025(4) dt.09-01-2026
                                                        2/2




                      were on a bike but nothing has been recovered from the possession

                      of this petitioner. Learned counsel for the petitioner has submitted

                      that the petitioner is a man of clean antecedent and is in judicial

                      custody since 17.03.2025.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner.

                                   6. Earlier provisional bail was granted to this petitioner

                      by the learned Co-ordinate Bench on medical grounds. The

                      petitioner has filed documents showing his illness.

                                   7. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail and

                      the provisional bail granted earlier is confirmed. The above named

                      petitioner is directed to be released on bail in connection with

                      Mufassil P.S. Case No. 74 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 Special Judge (N.D.P.S. Act),

                      Purnea.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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