Bittu Kumar v. The State Of Bihar
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 DistrictBegusarai ====================================================== 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 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, 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:
(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