Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted regular bail to the petitioner subject to bond and conditions.
Summary
Rohit Kumar was arrested in June 2024 and charged under IPC Section 414 and NDPS Act Sections 21(c), 23(c) and 29 for possession of a commercial quantity of codeine syrup. An earlier bail application was rejected, but the petitioner filed a second regular bail petition claiming that no witness had been examined, the trial was delayed, and another co‑accused had been granted bail. The petitioner argued that continued pre‑trial detention violated his fundamental right to liberty under Article 21. The State opposed the bail on grounds of the seriousness of the offence. The Court, noting the prolonged custody, lack of trial progress and the punitive nature of continued detention, granted bail subject to a cash bond of Rs.15,000 with two sureties and conditions of appearance.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged recovery of a commercial quantity of narcotic substance.
- Whether prolonged pre‑trial detention infringes the petitioner’s right to liberty under Article 21 of the Constitution.
- Whether the delay in trial and absence of witness examination justify granting bail.
Legislation cited
- Indian Penal Code — s. 414
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 23(c), 29
Subjects
- bail
- pre‑trial detention
- Article 21
- NDPS Act
- IPC
- commercial quantity
- fundamental rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2308 of 2026
Arising Out of PS. Case No.-200 Year-2024 Thana- RAXAUL District- East Champaran
======================================================
Rohit Kumar S/O Durga Sah R/O Village- Mauze Ward No.- 20, P.S- Raxaul,
Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Raxaul (Haraiya) P.S. Case No. 200 of 2024, instituted for the
offence under Sections 414 of the Indian Penal Code and
Section 21(c), 23(c) and 29 of the NDPS Act.
3. Earlier vide order dated 26.03.2025 passed in Cr.
Misc. No. 79120 of 2024, regular bail of the petitioner was
rejected by a co-ordinate Bench of this Court considering the
recovery of commercial quantity of codeine syrup with a
direction to expedite the trial and conclude the same at the
earliest.
3. Learned counsel for the petitioner submits that
the present one is the second attempt for grant of regular bail to
Patna High Court CR. MISC. No.2308 of 2026(2) dt.21-01-2026
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the petitioner. It is mainly submitted that charge in this case is
framed and till date, only no witness has been examined. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 10.06.2024. Learned counsel further submits
that there is no likelihood of the trial being concluded in the
near future. Learned counsel for the petitioner further submits
that other co-accused has been granted bail by a Co-ordinate
Bench of this Court vide order dated 29.04.2025 passed in Cr.
Misc. No. 18747 of 2025. Learned counsel goes on to submit
that the continued incarceration of the petitioner without
conclusion of trial amounts to a gross violation of the
fundamental right guaranteed under Article 21 of the
Constitution of India, which is reiterated by Hon’ble Apex Court
in plethora of judgments.
4. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
5. Considering the aforesaid facts and
circumstances of the case, period of custody of the petitioner
and taking into account the fact that continued detention of the
petitioner would serve no purpose other than punitive pretrial
incarceration, which is antithetical to the spirit of Article 21 of
the Constitution of India, this Court is inclined to grant bail to
Patna High Court CR. MISC. No.2308 of 2026(2) dt.21-01-2026
3/3
the petitioner.
6. Let the petitioner be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Raxaul
(Haraiya) P.S. Case No. 200 of 2024, subject to the following
conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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