Rohit Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rohit Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner 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 sessions Judge-cum-Special Judge (NDPS), Patna in connection with Piplawan P.S. Case No. 159 of 2025.

Issue for consideration

Whether the petitioner should be enlarged on bail in connection with Piplawan P.S. Case No. 159 of 2025, registered for the offence punishable under Sections 8(c) and 21(c) of the N.D.P.S. Act.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail and directed his release on furnishing a bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned sessions Judge-cum-Special Judge (NDPS), Patna in connection with Piplawan P.S. Case No. 159 of 2025.

Detailed headnote1 paragraphs

Bail granted (NDPS) — Patna High Court, CR. MISC. No.5102 of 2026, decided 04-02-2026 by Honourable Mr. Justice Ashok Kumar Pandey: Rohit Kumar enlarged on bail in Piplawan P.S. Case No. 159 of 2025 (Sections 8(c) and 21(c), N.D.P.S. Act), arising out of an alleged recovery of 256.01 grams of smack-like material from the handle of a bike, kept in 474 small paper bags. Counsel for the petitioner submitted that he was innocent and falsely implicated; that the seizure list recorded the weight along with the paper so that the contraband alone would be below commercial quantity; that nothing was recovered from his possession; that he was neither the driver nor the owner of the bike but only the pillion rider; that he had no criminal antecedent; and that he was in judicial custody since 11.10.2025. Learned APP opposed the bail application. The Court, considering the facts and circumstances, enlarged the petitioner on bail on furnishing a bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned sessions Judge-cum-Special Judge (NDPS), Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5102 of 2026

Arising Out of PS. Case No.-159 Year-2025 Thana- Piplawa District- Patna

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

Rohit Kumar, S/O Dharmnath Ram, R/o Village -Chechaul, P.S- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 04-02-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for bail in connection with Piplawan P.S. Case No. 159 of 2025 registered for the offence punishable under Sections 8(c) and 21(c) of N.D.P.S. act.

The case of the prosecution, in short, is that two persons on a bike were apprehended and from the handle of the bike, altogether 256.01 grams of smack like material was recovered. This was kept in 474 small paper bag.

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. The weight of the contraband which has been given in the

Patna High Court CR. MISC. No.5102 of 2026(2) dt.04-02-2026 2/2

seizure list is with the paper and weight of the contraband alone is not given in the seizure list. It has further been submitted that nothing has been recovered form his possession. Petitioner is neither the driver nor the owner of the bike. He was only pillion rider. It has further been submitted that if the the contraband is alone it will be below commercial quantity. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 11.10.2025.

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

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 sessions Judge-cum-Special Judge (NDPS), Patna in connection with Piplawan P.S. Case No. 159 of 2025.

(Ashok Kumar Pandey, J)

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