Rohit Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Rohit Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-IV, Katihar in connection with Falka P.S. Case No. 197 of 2024, subject to the condition that the petitioner present himself on each and every date fixed by the trial Court till conclusion of the trial.

Issue for consideration

Whether the petitioner — whose earlier bail prayer was rejected on 12.05.2025 in Cr. Misc. No. 10117 of 2025 and who is in judicial custody since 20.11.2024 in Falka P.S. Case No. 197 of 2024 under Sections 8(c), 21(b) of the NDPS Act — should be released on regular bail, in view of the slow pace of trial.

Court's answer

On perusal of the stage-of-trial report of the District and Additional Sessions Judge-IX, Katihar, the Court found that the case is pending for prosecution evidence, that no prosecution witness has been examined as yet, and that the proceeding of trial is going slow.

Ratio / Principle

Considering the facts and circumstances of the case, the slow proceeding of trial and the submissions made on behalf of the petitioner, the Court directed release of the petitioner on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-IV, Katihar, subject to the condition that the petitioner present himself on each and every date fixed by the trial Court till conclusion of the trial.

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.), order dated 10-10-2025 in Criminal Miscellaneous No. 55993 of 2025 — Rohit Kumar v. The State of Bihar: Regular bail granted in Falka P.S. Case No. 197 of 2024 registered under Sections 8(c) and 21(b) of the NDPS Act (alleged recovery of 6.17 gram of smack from the petitioner's conscious possession), where an earlier bail prayer had been rejected on 12.05.2025 in Cr. Misc. No. 10117 of 2025 and the petitioner was in judicial custody since 20.11.2024. Relying on the stage-of-trial report (Letter No. 388 of 2025) of the District and Additional Sessions Judge-IX, Katihar showing the case pending for prosecution evidence with no prosecution witness examined, the Court held the trial to be proceeding slowly and allowed bail on bonds of Rs. 10,000/- with two like sureties before the District & Additional Sessions Judge-IV, Katihar, conditioning bail on the petitioner's appearance on every date fixed by the trial Court till conclusion of trial. The learned APP opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55993 of 2025

Arising Out of PS. Case No.-197 Year-2024 Thana- FALKA District- Katihar

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

Rohit Kumar S/o Uttam Singh R/o Village- Lali Singhiya, P.S.- Falka, District- Katihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 10-10-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in connection with Falka P.S Case No. 197 of 2024 registered for the offences punishable under Sections 8(c), 21(b) of the NDPS Act.

As per prosecution case, total 6.17 gram of smack is recovered from the conscious possession of the petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that earlier prayer for bail of the petitioner was rejected by this Court vide order dated 12.05.2025 in Cr. Misc. No. 10117 of 2025. It is also submitted that petitioner is in judicial custody since 20.11.2024.

Patna High Court CR. MISC. No.55993 of 2025(3) dt.10-10-2025 2/2

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of stage of trial report sent by the District and Additional Sessions Judge-IX, Katihar vide Letter No. 388 of 2025, it appears that the case is pending for prosecution evidence and no any prosecution witnesses has been examined as yet. Thus, proceeding of trial is going slow.

So, Considering the aforesaid facts and circumstances of the case, slow proceeding of trial and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-IV, Katihar in connection with Falka P.S Case No. 197 of 2024, subject to the condition that petitioner shall present each and every dated fixed by the trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J)

Mayank/-