Allowed¶21

Bittu Kumar v. The State of Bihar

Patna HC15 Jan 2026CR. MISC./91702/2025

Case brief

AI extract

What is this about?

Regular bail granted; NDPS Act Sections 8(c), 21(c); smack recovery 258.75 gm from co-accused Ankit Kumar Singh; confessional statement of co-accused implicating pillion rider; no criminal antecedents; first bail application; custody since 23.11.2025; bail bonds Rs. 10,000 with two sureties; Begusarai Muffasil P.S. Case No. 345 of 2025; NDPS Case No. 86 of 2025; CR. MISC. No. 91702 of 2025; Jitendra Kumar, J.; order dt. 15-01-2026; Patna High Court.

What did the court decide?

Regular bail: petitioner to be enlarged on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the stated conditions (availability for interrogation, cooperation with investigation/trial, no inducement/threat/promise, and cancellation clauses for concealed antecedents or false statement about previous bail petitions). ¶21

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

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner, arraigned in NDPS Case No. 86 of 2025 (Begusarai Muffasil P.S. Case No. 345 of 2025) under Sections 8(c) and 21(c) of the NDPS Act, should be enlarged on regular bail.

¶12

Court's answer

The bail application is allowed; the petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the concerned court below in connection with Begusarai Muffasil P.S. Case No. 345 of 2025.

¶21

Ratio / Principle

Bail is subject to five conditions, including availability for interrogation and cooperation, abstention from inducement/threat/promise, and cancellation of bail bonds by the court below if undisclosed criminal antecedents surface or the statement regarding any previous bail petition proves wrong.

¶28

Detailed headnote1 paragraphs

Patna High Court (Jitendra Kumar, J.), by order dated 15-01-2026 in Crl. Misc. No. 91702 of 2025, allowed regular bail to Bittu Kumar in NDPS Case No. 86 of 2025 (Begusarai Muffasil P.S. Case No. 345 of 2025, dt. 22.11.2025) under Sections 8(c) and 21(c) of the NDPS Act, wherein 258.75 gm of smack was alleged to have been recovered from co-accused Ankit Kumar Singh, whose confessional statement implicated the petitioner as pillion rider; petitioner in custody since 23.11.2025 with no criminal antecedents claimed and first bail application. Bail granted against bonds of Rs. 10,000/- with two like sureties, subject to conditions of availability/cooperation, non-tampering, and cancellation for concealed antecedents or false previous-application statement.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91702 of 2025

¶2

Arising Out of PS. Case No.-345 Year-2025 Thana- BEGUSARAI MUFFASIL DistrictBegusarai

¶3

======================================================

¶4

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

¶9

2 15-01-2026

¶10

Heard learned counsel for the petitioner and learned

¶11

APP for the State.

¶12

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.

¶13

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.

¶14

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

¶15

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

¶16

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.

¶17

He further submits that the petitioner has been languishing in jail since 23.11.2025.

¶18

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents.

¶19

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.

¶20

However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.

¶21

Considering the aforesaid facts and circumstances, this application is allowed , directing the petitioner, abovenamed, 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:

¶22

(i) The petitioner will make himself available for

¶23

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

¶24

interrogation by a police officer/court as and when required.

¶25

(ii) The petitioner will undertake that

¶26

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.

¶27

(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.

¶28

(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.

¶29

(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.

¶30

(Jitendra Kumar, J)

¶31

shoaib/-

¶32

U T

Bittu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bittu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sangeeta Devi @ Sangita Kumari Vs The State of Bihar

Sudarshan Tiwari Vs The State of Bihar

Chakresh Jain Vs The State of Bihar

Santosh Yadav @ Sanni Samrat Vs The State of Bihar

Arun Kumar Vs The State of Bihar

Puja Devi Vs The State of Bihar