Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The petitioner is entitled to regular bail as he has no direct involvement in the contraband recovery and possesses a clean antecedent.
Summary
Rohit Kumar was arrested in connection with a case involving alleged contraband of 17.60 grams of a brown sugar-like substance. The FIR indicated that the substance was recovered from co-accused Golu Kumar and Vijay Kumar, not from Rohit, who was implicated solely due to his presence at the scene. Rohit, who has no prior criminal record, applied for regular bail, arguing that he was merely a bystander and has been in custody since 14 October 2025. The State opposed bail but conceded that the contraband was seized from the co-accused. Considering the clean antecedent, lack of direct involvement, and the circumstances of his detention, the court granted regular bail on a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 111(2)(b) of the B.N.S, 2023 and Sections 8(c) and 21(b) of the N.D.P.S. Act despite being named in the FIR.
- Whether the petitioner’s presence at the alleged place, without direct possession of the contraband, warrants bail.
Legislation cited
- B.N.S., 2023 — s. 111(2)(b)
- N.D.P.S. Act — s. 21(b), 8(c)
Subjects
- regular bail
- contraband
- clean antecedent
- B.N.S
- N.D.P.S. Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86607 of 2025
Arising Out of PS. Case No.-427 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Rohit Kumar, S/O Sri Shrawan Kumar, Resident of Vill.- Mokimpur, P.S -
Parsa Bazar,Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 1. Heard Mr. Amit Kumar Anand, learned counsel
for the petitioner and Mr. Shailendra Kumar, learned APP for
the State.
2. The petitioner seeks regular bail in connection with
Parsa Bazar P. S. Case No. 427 of 2025, dated 13.10.2025
registered for the offences punishable under Section 111(2)(b) of
the B.N.S, 2023 and Sections 8(c) and 21(b) of the N.D.P.S. Act.
3. The main submissions advanced by the petitioner's
counsel are that the FIR itself goes to show that the recovery of
the alleged contraband of 17.60 grm of Broun Sugar like
substance is said to have been made from the physical
possession of Golu Kumar and Vijay Kumar but not from the
possession of this petitioner who has been made an accused
merely on account of his presence near the apprehended co-
Patna High Court CR. MISC. No.86607 of 2025(2) dt.09-01-2026
2/2
accused, in fact the petitioner was present at the alleged place at
the relevant time bonafidely and he bears no criminal
antecedent, has been languishing in jail since 14.10.2025.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner but fairly accepts that the
recovery of the alleged contraband was made from the person of
the two apprehended co-accused namely Golu Kumar and Vijay
Kuamr.
5. In the facts and circumstances of this case and
considering the above submissions and averments made in the
application, coupled with the petitioner's fair and clean
antecedent and his custody period and his aforesaid defence, this
court is inclined to release him on bail. Accordingly, let the
petitioner named-above be enlarged on bail in connection with
Parsa Bazar P. S. Case No. 427 of 2025 on furnishing bail bond
of Rs. 20,000/- (Twenty Thousand) with two sureties of the like
amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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