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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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