Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75181 of 2025 Arising Out of PS. Case No.-766 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== Kundan Kumar Son of Nirdhan Mahto R/o Village - Koshkipur, Madrouni, Govindpur, P.S. - Naugachhiya, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Adv For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sadar P.S. Case No. 766/2024 dated 21.12.2024 registered for the offence punishable u/s 8(c), 21(c), 25 and 29 of the N.D.P.S. Act.

3. As per the prosecution case, 356 gram brown sugar like substance was recovered from the possession of the coaccused, Aman Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused person has already been granted bail by this Court vide order

Patna High Court CR. MISC. No.75181 of 2025(2) dt.01-12-2025 2/2 dated 18.06.2025 passed in Cr. Misc. no. 35847 of 2025. It is further submitted that the name of the petitioner has transpired in this case merely on the basis of the confessional statement of the apprehended co-accused person Aman Kumar. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.07.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea, in connection with Sadar P.S. Case No. 766/2024, with the condition;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T