Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Bittu Kumar was arrested in connection with a case (PS No. 266 of 2025) where 39 kg of ganja was seized from a Toyota car. He was charged under Sections 8 and 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner contended that he was neither the driver nor the owner of the vehicle, had no possession of the drugs, and was falsely implicated, emphasizing his clean antecedent and prolonged custody since 14 September 2025. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Patna High Court granted bail on a bond of Rs.10,000 with two sureties, noting the petitioner’s similarity to a co‑accused who had previously been released on bail.
Issues considered
- Whether bail should be granted to an accused under Sections 8 and 20(b)(ii)(C) of the NDPS Act for alleged possession of 39 kg of cannabis.
- Whether the petitioner’s claim of non‑ownership and non‑possession of the vehicle justifies bail.
- Whether the petitioner’s clean antecedent and similarity to a co‑accused previously granted bail affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 8
Subjects
- bail
- NDPS Act
- drug trafficking
- seizure
- presumption of innocence
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27828 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Bittu Kumar S/o- Ganesh Sah Resident Of Mehsaul chowk, Ward no 24,
Mehsaul @ Rampur Laxmi, Ps- Sitamarhi Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate.
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Sonbarsa P.S. Case No. 266 of 2025 registered for the offence
punishable under Sections 8, 20(b)(ii)(C) of N.D.P.S. Act.
3. The case of the prosecution, in short, is that from a
Toyota Car, altogether 39 Kg of ganja was 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. He also
submits that the petitioner is neither the driver nor the owner of
the said vehicle. He is not concerned in any with the alleged
recovery. Nothing has been recovered from his possession. The
seizure list witnesses are police personnel and the police has not
Patna High Court CR. MISC. No.27828 of 2026(2) dt.19-06-2026
2/2
complied with Section 105 of the B.N.S.S. while making the
seizure. He further submits that similarly situated other co-
accused namely, Prince Saurav has been granted bail by this Court
vide Cr. Misc. No. 20816 of 2026. The case of this petitioner
stands on similar footing. Moreover, the petitioner is a man of
clean antecedent and he is languishing in judicial custody since
14.09.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
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), Sitamarhi in connection with Sonbarsa P.S.
Case No. 266 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.