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Patna High Court

Bittu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court dismissed the petitioner's application for anticipatory bail.

Summary

Bittu Kumar petitioned for anticipatory bail fearing arrest in a narcotics case where 30 litres of codeine were seized and he was implicated through a co-accused's confessional statement. The prosecution alleged offences under Section 111 of the Bharatiya Nyaya Sanhita, 2023 and Section 21(c) of the NDPS Act, and noted the petitioner’s four prior criminal records. The petitioner claimed innocence, while the State opposed bail. The Court, relying on the Supreme Court’s decision in State by the Inspector of Police v. B. Ramu (2024), found the circumstances did not merit anticipatory bail. Consequently, the application for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 111 of the Bharatiya Nyaya Sanhita, 2023 and Section 21(c) of the NDPS Act in view of the alleged involvement and prior criminal antecedents
  • Whether the Supreme Court precedent in State by the Inspector of Police v. B. Ramu is applicable to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • codeine seizure
  • criminal antecedents
  • Section 111 BN S
  • Section 21(c) NDPS
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23901 of 2026
                    Arising Out of PS. Case No.-1 Year-2026 Thana- Chitragupta Nagar District- Khagaria
                 ======================================================
                 Bittu Kumar S/o Umesh Paswan Resident of Village-Lohianagar
                 Parmanandpur, P.S.- Chitragupta Nagar, District-Khagaria

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Amit Prakash, Advocate
                 For the Opposite Party/s :         Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner apprehends his arrest in

                   connection with Chitraguptanagar P.S. Case No. 01/2026

                   (NDPS Spl. Case No. 03/2026) dated 03.01.2026 for the

                   offences punishable under Section 111 of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 21(c) of the N.D.P.S. Act

                                    3. As per the prosecution case, 30 litres of codeine

                   has been recovered from the petitioner.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that the name

                   of the petitioner has come in the confessional statement of the

                   co-accused. Petitioner has four criminal antecedents.
              Patna High Court CR. MISC. No.23901 of 2026(2) dt.01-05-2026
                                                          2/2




                                         5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner.

                                           6. Considering the aforesaid facts as well as in

                        light of the judgment of the Hon’ble Supreme Court in the case

                        of State by the Inspector of Police vs. B. Ramu reported in

                        2024 SCC Online SC 4073, I am not inclined to grant

                        anticipatory bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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