Rohit Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40519 of 2025 Arising Out of PS. Case No.-284 Year-2024 Thana- SITAMARHI District- Sitamarhi ====================================================== Rohit Raut son of Late Kishori Raut Resident of village-Kot Bazar Pani Tanki, Chak Mahila, PS -Sitamarhi, District -Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 284 of 2024, instituted for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code, read with Sections 25(1-B)(a), 26, 35 of the Arms Act, Sections 8 and 21 of the NDPS Act.
3. The prosecution case, in short, is that there is recovery of one loaded country made pistol along with one live cartridge from the possession of the petitioner. It is further alleged that 30 grams of smack and other incriminating articles were recovered from the possession of other co-accused persons.
Patna High Court CR. MISC. No.40519 of 2025(3) dt.18-08-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged recovery of arms and smack. It is next submitted that no smack has been recovered from the possession of the petitioner. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 02.05.2024 and has got six criminal antecedents in which he is on bail. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. It is further submitted that similarly situated co-accused has been granted regular bail by this Court vide order dated 30.06.2025 passed in Cr. Misc. No. 41927 of 2025.
5. Learned APP 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 taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.40519 of 2025(3) dt.18-08-2025 3/3
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sitamarhi P.S. Case No. 284 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T