Rikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46742 of 2026 Arising Out of PS. Case No.-84 Year-2026 Thana- SURSAND District- Sitamarhi ====================================================== Rikki Kumar Son of Suresh Goswami Resident of Village Bakhri Ward No. 1, P.S.- Bajpatti, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sursand P.S. Case No. 84 of 2026 instituted for the offences under Sections 8(c), 20(b)(ii)(B), 21(b) of the NDPS Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution allegation, in short, is that total 525.06 grams of charas has been recovered in this case.

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 16.02.2026 and has seven criminal antecedents. There is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.46742 of 2026(2) dt.20-07-2026 2/3 the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery. 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 than 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, after framing of charge, if not already framed, 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 Sursand P.S. Case No. 84 of 2026, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or a close family member.

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

Patna High Court CR. MISC. No.46742 of 2026(2) dt.20-07-2026 3/3 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) Alok Verma/- U T