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Patna High Court

Rohan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to a bond and specific conditions.

Summary

Rohan Kumar was arrested in Muzaffarpur after police recovered a gold chain, a mangalsutra and about six grams of a substance resembling heroin from his possession. He was charged under Section 317(4) of the Bihar Narcotic Substances Act and Sections 8(c) and 21(B) of the NDPS Act. The petitioner argued that he was innocent, that the recovery did not meet the commercial quantity threshold, that the mandatory seizure list under Section 50 of the NDPS Act was not prepared, and that the charge sheet had already been filed, eliminating any risk of evidence tampering. The State opposed bail, emphasizing the seriousness of the narcotics possession. The Court, noting the filing of the charge sheet, the short period of custody and the lack of likelihood of tampering, granted bail on a bond of Rs. 25,000 with two sureties and imposed conditions regarding surety, trial attendance, and non‑tampering. The bail order was made subject to cancellation if the petitioner violates any of the stipulated conditions.

Issues considered

  • Whether bail can be granted in an NDPS case involving possession of six grams of a narcotic substance and gold items.
  • Whether the alleged non‑compliance with Section 50 of the NDPS Act vitiates the prosecution's case.
  • Whether the quantity seized, being less than commercial quantity, warrants bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics possession
  • Section 50 compliance
  • commercial quantity
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.89361 of 2025
                    Arising Out of PS. Case No.-698 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Rohan Kumar S/O Sanjay Ray R/O Vill.- Chakmohabbat, P.S.- Ahiyapur,
                 Dist.- Muzaffarpur.



                                                                                       ... ... Petitioner
                                                           Versus


                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :

                 For the Petitioner/s        :         Mr. Sanjay Parasmani, Adv.

                 For the State               :         Mr. Lalan Kumar, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   13-01-2026                    As prayed for, learned counsel for the petitioner is

                   permitted to make necessary correction in para-3 of the bail

                   petition during course of the day.

                                  2. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  3. The petitioner seeks bail in connection with

                   Ahiyapur P.S. Case No. 698 of 2025 registered for the offences

                   punishable under Sections 317(4) BNS and Section 8(c), 21(B)

                   of the NDPS Act.

                                  4.    As       per    prosecution      case,      petitioner     was

                   apprehended by the police and on search, gold like chain
Patna High Court CR. MISC. No.89361 of 2025(2) dt.13-01-2026
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          weighing 13.02 gram, gold like mangalsutra weighing 26.46

          gram and total 6 gram smack like substance were recovered

          from possession of the petitioner.

                       5. Learned counsel for the petitioner submits that

          petitioner is quite innocent and has not committed any offence

          as alleged in the FIR and he has falsely been implicated in this

          case. Petitioner is in custody since 24.05.2025. Charge sheet has

          been submitted in the case and there is no likelihood of

          tampering with the prosecution evidence. He further submits

          that there is no compliance of Section 50 of the NDPS Act

          which vitiates the entire prosecution story. He further submits

          that alleged recovery of 6 gram smack like substance from

          possession of the petitioner is much less than commercial

          quantity. Seizure list has not been made as per mandatory

          provision of law which questions the authenticity of the

          prosecution story. Apart from that, petitioner bears two criminal

          antecedent which are not similar to the present case, as

          mentioned in para 3 of the bail petition.

                       6. The learned A.P.P. for the State vehemently opposes

          the prayer for bail of the petitioner and submits that there is

          alleged recovery of 6 gram smack like substance, gold like

          chain and mangalsutra from possession of the petitioner and he
Patna High Court CR. MISC. No.89361 of 2025(2) dt.13-01-2026
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          cannot escape from the allegation made in the FIR.

                       7. Considering the facts and circumstances of the

          case, period of custody, charge sheet has been submitted in the

          case and there is no likelihood of tampering with the

          prosecution evidence, argument advanced on behalf of both

          sides and also taking into consideration the material available on

          record, let the petitioner above named be released on bail on

          furnishing bail bond of Rs. 25,000/- (rupees twenty five

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Court-1 (NDPS),

          Muzaffarpur in connection with Ahiyapur P.S. Case No. 698 of

          2025, subject to following conditions:-

                          (i) One of the bailors shall be either father or

          mother or sister or brother or wife or the person who has sworn

          the affidavit in bail application.

                          (ii) Petitioner will co-operate in trial and will

          remain present on all dates and absence for two consecutive

          dates without appropriate permission, would be a ground for

          cancellation of bail by the learned Trial court itself.

                          (iii) If the petitioner tampers with the evidence or

          the witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.
            Patna High Court CR. MISC. No.89361 of 2025(2) dt.13-01-2026
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                                      (iv) If the petitioner is found involved in similar

                      nature of offences in future, the learned trial court shall be at

                      liberty to cancel his bail bond.


                                              (Alok Kumar Pandey, J)

shahzad/-

U      T


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