Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application, granting bail subject to bond and specified conditions.
Summary
Rohit Kumar was arrested on 26-12-2025 for alleged possession of 7.42 grams of smack, alleged to be an intermediate quantity under Sections 8(c) and 21(b) of the NDPS Act. He filed an application for regular bail, claiming innocence and no prior NDPS convictions. The State opposed the bail. The Patna High Court, considering the intermediate quantity, the period of custody, and the petitioner’s clean antecedent record, allowed the bail application. The court ordered release on a bail bond of Rs.10,000 with two sureties, subject to attendance at the police station every Sunday, regular appearance in trial, and verification of no NDPS antecedents. The order was made as a prima facie observation and does not prejudice the trial.
Issues considered
- Whether regular bail can be granted in an NDPS case involving an intermediate quantity of narcotic substance.
- Whether the petitioner’s lack of prior NDPS convictions and the duration of custody justify the grant of bail.
- What conditions may be imposed on bail in NDPS matters.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- intermediate quantity
- regular bail
- conditions of bail
- verification of antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19814 of 2026
Arising Out of PS. Case No.-475 Year-2025 Thana- Arwal District- Arwal
======================================================
Rohit Kumar S/o Lakshmi Choudhary R/o vill - Arwal Sipah, P.S- Arwal,
Distt.- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjay Kumar Singh
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Arwal P.S. Case No. 475 of
2025, registered for offences punishable under Sections 8(c) and
21(b) of the NDPS Act.
3. As per the prosecution case, recovery of about 7.42
grams of smack is alleged to have been made from the
possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 26.12.2025. It is also submitted
that the petitioner has no criminal antecedents under NDPS Act.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.19814 of 2026(2) dt.31-03-2026
2/3
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and the fact that the alleged recovery is of
intermediate quantity, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, 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 the learned Court below where the case is
pending/successor Court in connection with Arwal P.S. Case
No. 475 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Arwal Police Station on
every Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii). At the time of acceptance of
bail bonds, the Court below shall verify
whether the petitioner has clean antecedents
under the NDPS Act or not. The bail bonds
shall be accepted only upon such
verification confirming that the petitioner
has no antecedents under the NDPS Act.
Patna High Court CR. MISC. No.19814 of 2026(2) dt.31-03-2026
3/3
However, it is clarified that the acceptance
of bail bonds shall not be unnecessarily
delayed on the ground of such verification.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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