Patna High CourtCR. MISC./52739/2025bail granted

Rohit Kumar v. The State Of Bihar

2025-11-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52739 of 2025 Arising Out of PS. Case No.-549 Year-2024 Thana- BIHTA District- Patna ====================================================== Rohit Kumar S/O Shri Jitendra Rai @ Bhuwar R/O Village- Raghopur, P.SBihta, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihta P.S. Case No. 549 of 2024, giving rise to Special Case No. 118(A) of 2024, dated 21.06.2024 registered for the offences punishable under Section 399 and 402 of the Indian Penal Code and Sections 8(c), 20, 21 and 22 of the N.D.P.S. Act.

3. As per the prosecution case, total 63.490 grams of brown sugar and Rs. 2240/- were recovered from the possession of the co-accused, Bipin Kumar. The co-accused, Bipin Kumar disclosed the name of the petitioner who fled away. One motorcycle was also recovered from the place of occurrence.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.52739 of 2025(2) dt.01-11-2025 2/2 conscious possession of the petitioner. The seized contraband is less than commercial quantity. The petitioner has no concern with the alleged recovery. The co-accused person has already been granted regular bail by this court vide order dated 24.09.2024 passed in Cr. Misc. No. 62725/2024. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 03.07.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge(NDPS)-II, Patna in connection with Bihta P.S. Case No. 549 of 2024 giving rise to Special Case No. 118(A) of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T