Rohit Kumar v. The State Of Bihar

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 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