Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13065 of 2026 Arising Out of PS. Case No.-898 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== ANKIT KUMAR Son of Late Baijnath Chaudhary Resident of Mohalla Chowk Bazar, Sasaram, P.S.- Sasaram (Town), District - Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr.Raghunandan Kumar Singh, Advocate Mr. Harendra Kumar, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sasaram Town P.S. Case No. 898 of 2024 instituted for the offences under Sections 21, 23, 25, 25A, 27(a), 29, 30 & 32 of the NDPS Act and 25(1b)a, 26 & 35 of the Arms Act.

3. As per FIR, the informant has alleged that on 01.11.2024 at about 5 0' clock, on the basis of secret information, he along with others raided in the house of Rohan Chandravanshi. On seeing the police, one person tried to flee away, who was caught. On query, he disclosed his name Altumas and also disclosed that he and his associates Rohan

2/4 Kumar @ Rohan Chandravanshi, Vikas Kumar @ Appu, Anurag Raj were illegally selling heroin in Sasaram locality. It is further alleged that on raiding the house of Rohan, informant caught Rohan Kumar @ Rohan Chandravanshi, Gandhi Kumar, Yash Kumar, Kundan Kumar and Vicky Kumar @ Mangru. During search, 930 grams, 722 grams and 223 grams heroin along with live cartridges etc. have been recovered from various places at the instance of accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 03.11.2024 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Learned counsel further submits that although huge amount of contraband has been recovered but the same has been recovered from coaccused persons and, in fact, no recovery of contraband has been made from the conscious possession of the petitioner. Learned counsel further submitted that in course of raid coaccused Altmas @ Jaid Ali, Rohan Chandrabanshi and Vikash Kumar disclosed his name to the Police stating that they are selling the drugs in the locality of Sasaram. He further submitted that during the course of search 930 grams heroin has

3/4 been recovered from the house of Rohan Kumar @ Rohan Chandravanshi, 722 grams recovered from the house of Arun Chandrabanshi and 223 grams recovered from roof of abandon house. The petitioner has no concern with the abandon house. There is no compliance of Sections 42 & 50 of the NDPS Act. Learned counsel for the petitioner further submits that other coaccused Dhiraj Kumar has been granted bail by this Bench vide order dated 28.01.2026 passed in Cr. Misc. No. 4514 of 2026.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and since nothing has been recovered from the conscious possession of the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sasaram Town P.S. Case No. 898 of 2024, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or close member.

(II) The petitioner shall appear on each and every date

4/4 fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T