Kundan Sah @ Kundan Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13462 of 2026 Arising Out of PS. Case No.-63 Year-2025 Thana- FULKAHA District- Araria ====================================================== Kundan Sah @ Kundan Kumar Sah Son of Kanhaiya Lal Sah R/o Village - Nawabganj, Ward no. - 08, P.S. - Fulkaha, Dit. - Araria, Bihar, - 854336. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nishant Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Fulkaha P.S. Case No. 63 of 2025 registered for the offence punishable under Sections 8/20 (b) (ii) (c) of the N.D.P.S. Act.
3. The case of the prosecution in short is that from one Arun Bahadar altogether 115 kg of Ganja was recovered. The said Arun Bahadar disclosed the name of this petitioner and two other.
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. It is further submitted that nothing has been recovered from the possession of this petitioner. Petitioner's name has
Patna High Court CR. MISC. No.13462 of 2026(2) dt.25-02-2026 2/3 surfaced in the statement of the co-accused. It has also been submitted that a similarly situated co-accused, namely, Sanjay Bahadar, has been granted bail by the learned coordinate bench of this court in Cr. Misc. No. 70482 of 2025. The case of this petitioner stands on similar footing. It is further submitted that co-accused, namely, Ravi Kumar Sah @ Ravi Kumar @ Ravi Sah has already been granted bail by a bench of this Court vide order dated 12.12.2025 passed in Cr. Misc. No. 57441 of 2025. Moreover, the petitioner is languishing in judicial custody since 18.12.2025 having no criminal antecedent.
5. The application for bail is opposed by learned APP for the State.
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 with the condition that one of the bailors shall be close family member of the petitioner and petitioner shall appear on each and every date in the learned trial court. 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 Sessions Judgecum-Special Judge N.D.P.S. Act, Araria in connection with
Patna High Court CR. MISC. No.13462 of 2026(2) dt.25-02-2026 3/3 Fulkaha P.S. Case No. 63 of 2025.
(Ashok Kumar Pandey, J) Jagdish/- U T