Patna High Court
Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied the petitioner's application for regular bail.
Summary
Kunal Kumar applied for regular bail in an NDPS case where 17.45 grams of hashish (referred to as 'smack') was allegedly recovered from his possession. The prosecution alleged that the quantity, though not commercial, was recovered directly from the petitioner and highlighted his prior criminal antecedents, including a previous NDPS case. The petitioner contended that he was falsely implicated and that no incriminating article was found on him. The court examined the recovery details, the confirmed nature of the substance, and the petitioner’s criminal history. Considering the confirmed possession of hashish and the antecedents, the court declined to grant bail, allowing the petitioner to reapply after six months.
Issues considered
- Whether regular bail should be granted to the accused under the Bhartiya Nyaya Sanhita and NDPS Act given the recovery of 17.45 grams of hashish from his possession.
- Whether the petitioner’s prior criminal antecedents, including a previous NDPS case, preclude the grant of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 317(5), 3(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- regular bail
- NDPS Act
- hashish
- antecedents
- high court
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90371 of 2025
Arising Out of PS. Case No.-315 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Kunal Kumar S/o Ram Balak Ray @ Ram Balak Yadav R/o Village-
Batrauliya, Bazidpur, P.S- Paroo, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar, Advocate
Mr. Rajeev Ranjan No. II, Advocate
Ms. Kumari Seema Singh, Advocate
Ms. Priyanka Kumari, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with NDPS Case no.129 of
2025, arising out of Paroo P.S. Case no.315 of 2025 registered
under sections 317(5) and 3(5) of the Bhartiya Nyaya Sanhita,
2023 and sections 8(c) and 21(b) of the NDPS Act.
3. As per the prosecution case, 17.45 grams of smack
in 40 purias is said to have been recovered from the possession
of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of his
antecedents. No incriminating article has been recovered from
his possession. The alleged quantity recovered is not a
Patna High Court CR. MISC. No.90371 of 2025(4) dt.01-04-2026
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commercial quantity. The petitioner is in custody since
18.6.2025 and undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P
for the State, who submits that the recovery is from the
possession of the petitioner himself and the petitioner has
antecedents of seven criminal cases from before including a
case under the N.D.P.S Act.
6. Having heard learned counsel for the parties and
taking into consideration the allegation of recovery of 17.45
grams of smack from the possession of the petitioner, the same
having been confirmed to be hashish in the FSL report and the
petitioner having several antecedents including one under the
N.D.P.S Act, the Court is not inclined to enlarge the petitioner
on bail and the application is rejected.
7. Taking into consideration the period in custody,
liberty is granted to the petitioner to renew his prayer for bail
after six months.
(Partha Sarthy, J)
Shiv/-
U T
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