Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court allowed the bail application, granting bail to the petitioner subject to specified conditions.
Summary
The petitioner, Bittu Kumar, was arrested in connection with NDNDPS offences under Sections 8(c) and 21(c) after 258.75 g of heroin was recovered from a co‑accused. The petitioner claimed he was merely a pillion rider unaware of the contraband and that the co‑accused’s confessional statement held no evidentiary value. He had been in custody since 23‑11‑2025 and asserted no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The High Court, after considering the facts, granted bail on a cash bond of Rs 10,000 with two sureties, imposing conditions of cooperation with investigation, non‑interference with witnesses, and disclosure of any undisclosed antecedents.
Issues considered
- Whether bail can be granted in NDPS cases involving Sections 8(c) and 21(c).
- Whether the confessional statement of a co‑accused can be used against the petitioner.
- Whether the petitioner’s lack of prior criminal antecedents justifies bail.
- Whether the petitioner’s alleged involvement in the illegal trade warrants denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 8(c)
Subjects
- bail
- NDPS Act
- Section 8(c)
- Section 21(c)
- confessional statement
- contraband
- conditions of bail
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91702 of 2025
Arising Out of PS. Case No.-345 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Bittu Kumar Son of Ram Padarath Singh R/o - Nayagaown, P.S - Nayagaown,
District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Kumar, Advocate
For the State : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with NDPS
Case No. 86 of 2025, arising out of Begusarai Muffasil P.S.
Case No. 345 of 2025 dated 22.11.2025, registered for the
offences punishable under Sections 8(c) and 21(c) of NDPS Act.
3. As per allegation, 258.75 gm of smack has been
recovered from the personal possession of co-accused, Ankit
Kumar Singh, who was driving the motorcycle and as per his
confessional statement, the petitioner, who was pillion rider of
the motorcycle, is also involved in illegal trade of contraband.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
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case. He further submits that the petitioner is just a co-villager
of co-accused and he just got a lift on his motorcycle without
being aware of any contraband in his possession. He further
submits that the confessional statement of co-accused before the
police against the petitioner has no evidentiary value.
5. He further submits that the petitioner has been
languishing in jail since 23.11.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has no criminal antecedents.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned concerned Court
below in connection with Begusarai Muffasil P.S. Case No. 345
of 2025, on the following conditions:
(i) The petitioner will make himself available for
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interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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