Patna High Court
Chhotu Kumar @ Chhottu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
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
3/3
Case No. 187 of 2025.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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