Bittu Kumar v. The State Of Bihar

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 19-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. 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.

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

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

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), Sitamarhi in connection with Sonbarsa P.S. Case No. 266 of 2025.

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