Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38303 of 2026 Arising Out of PS. Case No.-191 Year-2026 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Kundan Kumar Son of Late Prabhunath Chauhan Resident Of village- Lalit Bus Stand, Khurmabad, P.s.- Siwan Muffassil, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Siwan Mufassil P.S. Case No. 191/2026, lodged on 04/04/2026, under Sections 8(c), 21(b) and 20(b)(ii) of the NDPS Act.

3. As per the prosecution case, total recovery of 32 sachets containing smack-like substance weighing about 15 grams and 750 grams of ganja has been recovered from the conscious possession of the petitioner, is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the petitioner has been falsely implicated in this case. He further submits that the petitioner lives in a joint family

Patna High Court CR. MISC. No.38303 of 2026(3) dt.24-07-2026 2/2 with other members of the family, the petitioner has no concern whatsoever with the alleged recovery. Moreover, the petitioner has four criminal antecedent and he is in custody since 05.04.2026.

5. Learned counsel for the State opposes the prayer for bail and submits that from the possession of the petitioner 32 packets containing smack-like substance weighing about 15 grams and 750 grams of ganja were recovered and the petitioner is accused in more four criminal cases, out of which two cases are under Excise Act.

6. In the present facts and circumstances and considering the nature of allegation, I am not inclined to grant regular bail to the petitioner, for the present.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Siwan Mufassil P.S. Case No. 191/2026, pending before the learned Session Judge, Siwan, is hereby rejected, at present.

(Dr. Anshuman, J) Manshi/Ashwini U T