Rohit Kumar @ Rohit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47518 of 2026 Arising Out of PS. Case No.-256 Year-2026 Thana- JANDAHA District- Vaishali ====================================================== Rohit Kumar @ Rohit Kumar Singh S/o Sharwan Singh Resident of VillageNayagao, P.S.- Desari, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rupa Kumari, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Jandaha PS Case No. 256 of 2026 instituted for the offences under Sections 8(c), 21(b), 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3.
Prosecution allegation, in short, is that there is recovery of 52 grams heroine from the possession of the petitioner.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.47518 of 2026(2) dt.27-07-2026 2/2 the petitioner further submits that petitioner has no concern with the recovered contraband. 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 16.05.2026 and has got no criminal antecedent. 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, recovery below commercial quantity and 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.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jandaha PS Case No. 256 of 2026.
(Rudra Prakash Mishra, J) Raj Kishore/- U T