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Patna High Court

Chhotu Kumar @ Chhottu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, holding that the allegations did not justify denial of bail under the NDPS Act.

Summary

The petitioner, Chhotu Kumar, sought bail in a case registered under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where contraband was recovered from co‑accused persons. The prosecution alleged that 12.016 g and 5.10 g of brown sugar were seized from co‑accused Md. Najir and Amit Kumar, and the petitioner was implicated merely because he was riding the same bike. The petitioner’s counsel argued that no narcotics were found in his possession, he has no prior criminal record, and a co‑accused had already been granted bail, indicating a stronger case for his release. The State opposed bail, contending the seriousness of the offence under the NDPS Act. After considering the facts, the court found the petitioner’s claim credible and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the Special Judge’s satisfaction.

Issues considered

  • What is the applicability of Sections 8(c) and 21(b) of the NDPS Act to the petitioner’s alleged involvement?
  • Whether the petitioner is entitled to bail despite the recovery of narcotics from co‑accused persons?
  • Whether the quantity of narcotics alleged to be linked to the petitioner warrants denial of bail?

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • presumption of innocence
  • quantity of narcotics
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2134 of 2026
                         Arising Out of PS. Case No.-187 Year-2025 Thana- SARSI District- Purnia
                 ======================================================
                 Chhotu Kumar @ Chhottu Kumar Son of Sri Buddhan Muni @ Budhan Muni
                 Resident of Jiyanganj Dakshin Tol, P.S - Sarsi, Dist. - Purnea.
                                                                                 ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amit Kumar Anand, Advocate
                 For the Opposite Party/s :        Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sarsi P.S. Case No. 187 of 2025 registered for the offence

                   punishable under Sections 8(c) and 21(b) of the N.D.P.S. Act.

                                3. The case of the prosecution in short is that from

                   the possession of co-accused, namely, Md. Najir and Amit

                   Kumar , altogether 12.016 grams and 5.10 grams respectively

                   of brown sugar were 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 as he was on the same bike with those co-accused persons

                   from whose possession, contraband has been recovered.
Patna High Court CR. MISC. No.2134 of 2026(2) dt.06-02-2026
                                            2/3




          Learned counsel for the petitioner submits that nothing has

          been recovered from the possession of this petitioner. The

          witnesses of seizure are police personnel. It has also been

          submitted that the contraband which has been recovered from

          the possession of this petitioner is though more than small

          quantity but is much less than commercial quantity. He further

          submits that a statement has been made in para-3 of the

          petition that petitioner has no criminal antecedent and he is

          languishing in judicial custody since 04.10.2025. Learned

          counsel has further submitted that co-accused person, namely,

          Md. Najir has already been granted bail by this Court vide Cr.

          Misc. No.83870 of 2025. The case of this petitioner stands on

          better footing.

                       5. The application for bail is opposed by learned APP

          for the State.

                       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

          Special Judge, NDPS Act, Purnea in connection with Sarsi P.S.
            Patna High Court CR. MISC. No.2134 of 2026(2) dt.06-02-2026
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                      Case No. 187 of 2025.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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