Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to a bond and attendance conditions.
Summary
Rohit Kumar was arrested in connection with an NDPS case involving 700 grams of charas, a pistol and live cartridges recovered from co-accused Babar Azam. The petitioner claimed innocence, arguing that his name appeared only in the confessional statements of co-accused Ujjawal Pandey and Babar Azam, and that no material was recovered from him. The State opposed his bail, but the Court noted the lack of direct recovery against the petitioner and the reliance on co-accused statements. Consequently, the Court granted regular bail on a bond of Rs.10,000 with two sureties, subject to the condition that the petitioner attend the police station every Sunday. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner when the only evidence against him is the self‑inculpatory statements of co‑accused and no direct recovery is made from him
- Whether the conditions imposed (bond and weekly police attendance) are appropriate under the law
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(II)(B), 8
Subjects
- bail
- NDPS Act
- Arms Act
- confessional statement
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39939 of 2026
Arising Out of PS. Case No.-9 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
Rohit Kumar Son of Chandraketu Sah Resident of Village- Sareya Mishrain
Tola, P.S.- Paharpur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar No.III, Advocate
For the State : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with NDPS
Case No. 157 of 2025 arising out of Paharpur P.S. Case No. 09
of 2025 registered for the offence punishable under Sections 111
of the Bharatiya Nyaya Sanhita, 2023, under Sections 25(1-B)a,
26 and 35 of the Arms Act and under Sections 8, 20(b)(II)(B) of
the NDPS Act.
3. As per the prosecution case, there is recovery of
700 grams of charas, one country made pistol and two live
cartridges from the co-accused Babar Azam.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 20.08.2025. The name
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of the petitioner has come on the confessional statement of co-
accused Ujjawal Pandey and Babar Azam. The co-accused
Ujjawal Pandey and Manir Alam were granted bail vide orders
dated 18.06.2025 and 03.09.2025 passed in Cr. Misc. Nos.
35830 of 2025 and 44416 of 2025 respectively.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the fact that there is no recovery from
the petitioner and the name of the petitioner has transpired in the
self inculpatory statement of Babar Azam, this application 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 Exclusive Special Court-I, N.D.P.S.
Act, East Champaran, Motihari/ concerned Court below in
connection with Paharpur P.S. Case No. 09 of 2025, subject to
the condition that the petitioner will co-operate in the trial.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Paharpur Police Station, District- East Champaran on every
Sunday of the month. Any default in appearance at the police
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station will result in cancellation of bail bonds of the petitioner.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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