Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39939 of 2026 Arising Out of PS. Case No.-9 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Rohit Kumar Son of Chandraketu Sah Resident of Village- Sareya Mishrain Tola, P.S.- Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III, Advocate For the State :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with NDPS Case No. 157 of 2025 arising out of Paharpur P.S. Case No. 09 of 2025 registered for the offence punishable under Sections 111 of the Bharatiya Nyaya Sanhita, 2023, under Sections 25(1-B)a, 26 and 35 of the Arms Act and under Sections 8, 20(b)(II)(B) of the NDPS Act.

3. As per the prosecution case, there is recovery of 700 grams of charas, one country made pistol and two live cartridges from the co-accused Babar Azam.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is in custody since 20.08.2025. The name

Patna High Court CR. MISC. No.39939 of 2026(2) dt.07-07-2026 2/3 of the petitioner has come on the confessional statement of coaccused Ujjawal Pandey and Babar Azam. The co-accused Ujjawal Pandey and Manir Alam were granted bail vide orders dated 18.06.2025 and 03.09.2025 passed in Cr. Misc. Nos. 35830 of 2025 and 44416 of 2025 respectively.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the fact that there is no recovery from the petitioner and the name of the petitioner has transpired in the self inculpatory statement of Babar Azam, this application is allowed.

7. Accordingly, let the petitioner, above named, 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 the learned Exclusive Special Court-I, N.D.P.S. Act, East Champaran, Motihari/ concerned Court below in connection with Paharpur P.S. Case No. 09 of 2025, subject to the condition that the petitioner will co-operate in the trial.

8. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Paharpur Police Station, District- East Champaran on every Sunday of the month. Any default in appearance at the police

Patna High Court CR. MISC. No.39939 of 2026(2) dt.07-07-2026 3/3 station will result in cancellation of bail bonds of the petitioner.

9. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) P. Kumar U T