Kundan Sada @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29848 of 2026 Arising Out of PS. Case No.-43 Year-2026 Thana- LAUHIYANAGAR District- Begusarai ====================================================== Kundan Sada @ Kundan Kumar Chhabu Sada @ Chhabbu Sada R/O Village - Jhoparpatti Ashok Nagar Pokharia, Ward no. 36, P.S- Town District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with N.D.P.S. Case No. 39 of 2026 arising out of Lohiyanagar P.S. Case No. 43 of 2026 registered for the offence punishable under Sections 8(c) and 21(b) of the NDPS Act.

3. The case of the prosecution, in short, is that from the possession of this petitioner, altogether 46.68 grams of smack was recovered.

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. He also submits that nothing has been recovered from the

Patna High Court CR. MISC. No.29848 of 2026(2) dt.07-05-2026 2/2 possession of this petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. He further submits that the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. Moreover, the petitioner is languishing in judicial custody since 25.03.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of one case.

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 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 Principal Sessions Judge, Begusarai in connection with NDPS Case No. 39 of 2026 arising out of Lohiyanagar P.S. Case 43 of 2026.

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