Bittu Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

Bittu Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Petitioner 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.

Issue for consideration

Whether the petitioner, arraigned in connection with Sonbarsa P.S. Case No. 266 of 2025 registered for offences punishable under Sections 8, 20(b)(ii)(C) of the N.D.P.S. Act, is entitled to be enlarged on bail.

Court's answer

Having heard both sides and considering the facts and circumstances of the case, this Court was inclined to enlarge the petitioner on bail and directed his enlargement on furnishing a 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.

Detailed headnote1 paragraphs

BAIL GRANTED - NDPS CASE. High Court of Judicature at Patna, Criminal Miscellaneous No. 27828 of 2026 (arising out of Sonbarsa P.S. Case No. 266 of 2025, District Sitamarhi), single-judge oral order of Hon'ble Mr. Justice Ashok Kumar Pandey dated 19-06-2026. Petitioner Bittu Kumar sought bail in a case registered under Sections 8, 20(b)(ii)(C) of the N.D.P.S. Act, the prosecution case being recovery of 39 Kg of ganja from a Toyota Car. Counsel submitted the petitioner was innocent and falsely implicated, was neither driver nor owner of the vehicle, nothing was recovered from his possession, the seizure-list witnesses were police personnel and Section 105 of the B.N.S.S. was not complied with at the seizure, and urged parity with co-accused Prince Saurav who had been granted bail vide Cr. Misc. No. 20816 of 2026; the petitioner, said to be of clean antecedent, was in judicial custody since 14.09.2025. The Learned APP opposed. Considering the facts and circumstances, the Court enlarged the petitioner on bail on furnishing a 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 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.

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.

The case of the prosecution, in short, is that from a Toyota Car, altogether 39 Kg of ganja was recovered.

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 coaccused 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.

Learned APP appearing for the State has vehemently opposed the application for bail.

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/-

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