← Library
Patna High CourtCR. MISC./2134/2026bail granted

Chhotu Kumar @ Chhottu Kumar v. The State Of Bihar

2026-02-06Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2134 of 2026 Arising Out of PS. Case No.-187 Year-2025 Thana- SARSI District- Purnia ====================================================== Chhotu Kumar @ Chhottu Kumar Son of Sri Buddhan Muni @ Budhan Muni Resident of Jiyanganj Dakshin Tol, P.S - Sarsi, Dist. - Purnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Sarsi P.S. Case No. 187 of 2025 registered for the offence punishable under Sections 8(c) and 21(b) of the N.D.P.S. Act.

3. The case of the prosecution in short is that from the possession of co-accused, namely, Md. Najir and Amit Kumar , altogether 12.016 grams and 5.10 grams respectively of brown sugar were 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 as he was on the same bike with those co-accused persons from whose possession, contraband has been recovered.

Patna High Court CR. MISC. No.2134 of 2026(2) dt.06-02-2026 2/3 Learned counsel for the petitioner submits that nothing has been recovered from the possession of this petitioner. The witnesses of seizure are police personnel. It has also been submitted that the contraband which has been recovered from the possession of this petitioner is though more than small quantity but is much less than commercial quantity. He further submits that a statement has been made in para-3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 04.10.2025. Learned counsel has further submitted that co-accused person, namely, Md. Najir has already been granted bail by this Court vide Cr. Misc. No.83870 of 2025. The case of this petitioner stands on better footing.

5. The application for bail is opposed by learned APP for the State.

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, Purnea in connection with Sarsi P.S.

Patna High Court CR. MISC. No.2134 of 2026(2) dt.06-02-2026 3/3 Case No. 187 of 2025.

(Ashok Kumar Pandey, J) Shubham/- U T