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2025 DAILYLAW 6001 (PAT)

Kundan Kumar v. The State of Bihar

CR. MISC./91780/2025 · 2026-05-12

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91780 of 2025 Arising Out of PS. Case No.-459 Year-2025 Thana- CHAKIA District- East Champaran ====================================================== Kundan Kumar S/O Nagendra Sah R/O Vill.- Kathariya, P.s.- Kalyanpur, District - East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7948 of 2026 Arising Out of PS. Case No.-459 Year-2025 Thana- CHAKIA District- East Champaran ====================================================== 1. Ashish Kumar S/O Ragholal Sah R/O Vill.- Ramkaran Pakadi, Ward No.- 5, P.s.- Chakia, District- East Champaran 2. Guddi Devi W/O Chunnu Sah R/O Vill.- Ramkaran Pakadi, Ward No.- 5, P.s.- Chakia, District- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 91780 of 2025) For the Petitioner/s : Mr.Nafisu Zzoha For the Opposite Party/s : Mr.Suman Kumari Singh (In CRIMINAL MISCELLANEOUS No. 7948 of 2026) For the Petitioner/s : Mr.Bal Govind Sharma For the Opposite Party/s : Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 12-05-2026 Re:-Cr. Misc. No. 91780 of 2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Chakia P.S. Case No. 459 of 2025 registered for the offence Patna High Court CR. MISC. No.91780 of 2025(4) dt.12-05-2026 2/3 under Sections 8, 17(b), 18(b), 27(a), 29, 31, 61 of the NDPS Act and under Section 111(2) of the BNS. 3. As per the prosecution case, the recovery is of 2.17 kg of Ganja. 4. The petitioner is in custody since 16.08.2025 and he claims to have clean antecedent. 5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as nothing has been recovered from his possession and the recovery is from other co-accused. 6. Considering the fact that nothing has been recovered from the possession of the petitioner, this application is allowed. 7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court below in connection with Chakia P.S. Case No. 459 of 2025. 8. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the antecedent of the petitioner. If the petitioner is found to be involved in any other Patna High Court CR. MISC. No.91780 of 2025(4) dt.12-05-2026 3/3 case then the bail bonds of the petitioner shall not be accepted. 9. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not expressed any opinion on the merits of the case. Re:-Cr. Misc. No. 7948 of 2026 10. Heard the parties. 11. Call for the antecedent report of the petitioners from the concerned Court below. 12. List this case after six weeks. Vikas/- (Sandeep Kumar, J) U