Created by Fuzzy Cloud

Patna High Court

Bittu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.91702 of 2025(2) dt.15-01-2026
                                            2/3




          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
               Patna High Court CR. MISC. No.91702 of 2025(2) dt.15-01-2026
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.