Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
Rohit Kumar, a pillion rider, was arrested in connection with a seizure of 256.01 grams of a narcotic substance from a bike. The prosecution alleged that the contraband was recovered from the bike's handle and was packed in 474 small paper bags. The petitioner contended that he neither owned nor drove the bike, no contraband was found on his person, the quantity was below commercial threshold, and he had no prior criminal record, having been in custody since 11 October 2025. The State opposed bail. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the Special NDPS Judge.
Issues considered
- Whether bail should be granted to the accused under Sections 8(c) and 21(c) of the NDPS Act given the quantity seized and his role as pillion rider
- Whether the seized quantity falls below the commercial threshold warranting a presumption of innocence
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- pillion rider
- quantity of narcotics
- commercial quantity
- criminal antecedent
Judgment
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.
2. 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.
3. 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.
4. 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.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. 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)
lata/-
U T
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