Patna High Court
Bittu Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Bittu Kumar Sharma and Shivdhyan Sharma, were arrested in connection with the seizure of 410 grams of ganja, a loaded pistol, and 900 ml of foreign liquor, and charged under the NDPS Act, Arms Act, and Bihar Prohibition and Excise Act. They contended that the seized items were not in their conscious possession and that the seizure list was not prepared in compliance with Section 105 of the BNSS, while also noting that they had been in judicial custody since 31‑12‑2025. The State opposed bail, citing the petitioners' prior criminal antecedents. After hearing both sides, the Court found merit in the petitioners' arguments and ordered their release on regular bail, subject to a bond of Rs.10,000 each with two sureties, to be satisfied before the Exclusive Special Judge of the Excise Court‑I, Bettiah. The order effectively grants bail despite the serious nature of the offences.
Issues considered
- Whether regular bail can be granted to the accused in a case involving NDPS, Arms, and Prohibition offences.
- Whether the seizure of the contraband was lawful given alleged non‑compliance with Section 105 of the BNSS.
- Whether the petitioners' prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- BNSS — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(A), 8
Subjects
- bail
- NDPS Act
- Arms Act
- seizure
- criminal antecedent
- judicial custody
- Section 105
- BNSS
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19724 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- Banuchhapar District- West Champaran
======================================================
1. Bittu Kumar Sharma S/o- Shivdhyan Sharma Resident of Vill- Banu
Chhapar, Badhai Tola, P.S.-Banu Chhapar, Dist- West Champaran
2. Shivdhyan Sharma S/o- Late Kailash Sharma Resident of Vill- Banu
Chhapar, Badhai Tola, P.S.-Banu Chhapar, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 8/20(b)
(ii)(A) of NDPS Act, Sections 25(1-b)a, 26 and 35 of the Arms
Act and Section 30(a) of Bihar Prohibition and Excise Act.
3. The case of the prosecution is that mud grain house
of the petitioners, altogether 410 grams of ganja, one country
made loaded pistol and 900 ml of country made foreign liquor
were recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.19724 of 2026(2) dt.25-03-2026
2/2
Learned counsel for the petitioners has submitted nothing has
been recovered from the conscious possession of the petitioners.
There is no independent witness of the seizure list rather they
are police personnel. Police has not complied Section 105 of
BNSS while preparing the seizure list. Moreover, they are
languishing in judicial custody since 31.12.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail and has submitted that petitioner no. 1
is having criminal antecedent of two cases whereas petitioner
no. 2 is having 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 petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Banu Chhapar P.S. Case No. 157 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge, Excise Court-I, Bettiah, West Champaran.
(Ashok Kumar Pandey, J)
shubham/-
U T
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