Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56587 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- PATEPUR District- Vaishali ====================================================== Rohit Kumar S/o Lt Jamun Sah Resident Of Village - Khesrahi, Ward No 06, P.S. - Patepur, Dist. - Vaisahli at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachin Kumar, Adv.
For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-08-2025 Heard Mr. Sachin Kumar, learned counsel for the Petitioner and Mr. Tapeshwar Sharma, learned APP for the State.
2. Petitioner seeks regular bail in connection with Patepur P.S. Case No. 150 of 2025 dated 28.05.2025, registered for the offences punishable under Sections 8(c), 21(b), 25 & 29 of the NDPS Act.
3. The main submissions advanced by the petitioner's counsel are that the petitioner runs a betel shop, and the police has framed him in a false case by showing the recovery of 30.22 grams of heroin from his shop, in fact, the police were annoyed with the petitioner because he had demanded money from the police officers regarding the dues for betel supplied to them. However, the seized narcotic contraband, which is said to be heroin, falls within the purview of an intermediate quantity, and
Patna High Court CR. MISC. No.56587 of 2025(2) dt.19-08-2025 2/3 the petitioner's past history is completely clean, as he has never been involved in any kind of criminal activity. It is further submitted that the petitioner is a young person, and the recovery of the alleged contraband was not made from his person. Learned counsel also submits that the mandatory provisions of the NDPS Act were not followed by the police, and no independent person was made a witness to the search and seizure. It is lastly submitted that the petitioner has been languishing in jail since 30.05.2025.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Heard both sides and perused the FIR and the trial court's order. Though the instant matter relates to the recovery of narcotic contraband from the betel shop of the petitioner, however, considering the petitioner's young age, his period of custody, and clean past history, and also the fact that the material witnesses who are to be examined in the trial of the petitioner are government officials, so, the release of the petitioner will not affect the prosecution in any manner, in my opinion, it is a fit case for grant of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Patna High Court CR. MISC. No.56587 of 2025(2) dt.19-08-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Patepur P.S. Case No. 150 of 2025.
(Shailendra Singh, J) maynaz/- U T