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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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