Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28911 of 2026 Arising Out of PS. Case No.-207 Year-2025 Thana- Lakho District- Begusarai ====================================================== Kundan Kumar S/o Pramod Ram R/o Vill - Nayatola, Ward no. 11, P.S. - S. Kamal, Dist. - Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Gautam, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-05-2026 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, 20(b)(ii) (B), 22(b) and 29 of the N.D.P.S. Act.

3. The case of the prosecution, in short is that from the bag of this petitioner, altogether 13.222 Kg. of ganja like contraband was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from his possession. It has further been submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure.

Patna High Court CR. MISC. No.28911 of 2026(2) dt.05-05-2026 2/2 It has further been submitted that the bag was handed over to the petitioner by somebody for transportation. He was unaware of the contraband kept in the bag. It has further been submitted that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 09.10.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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 released on bail in connection with Lakho P.S. Case No. 207 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 District and Additional Sessions Judge-1st-cum-Spl. Judge, N.D.P.S. Act and P.O. of Children Court, Begusarai.

(Ashok Kumar Pandey, J) lata/- U T