Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28290 of 2025 Arising Out of PS. Case No.-1157 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Rohit Kumar S/o Late Vijay Prasad @ Late Vijay Ram R/o Mohalla- Badi Patan Devi, Pili Kothi, Police Station- Alamganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Alamganj P.S. Case No. 1157 of 2024 instituted for the offences under Sections 8(c), 21(a), 29 of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 9.18 grams of smack has been recovered from two accused persons including this petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 27.12.2024 and has three criminal antecedents. There is no allegation of tampering of witnesses alleged against
Patna High Court CR. MISC. No.28290 of 2025(2) dt.13-05-2025 2/2 the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.
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, recovered contraband being less the commercial quantity as also the period of custody undergone by 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Alamganj P.S. Case No. 1157 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T