Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86607 of 2025 Arising Out of PS. Case No.-427 Year-2025 Thana- PARSABAZAR District- Patna ====================================================== Rohit Kumar, S/O Sri Shrawan Kumar, Resident of Vill.- Mokimpur, P.S - Parsa Bazar,Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-01-2026

1. Heard Mr. Amit Kumar Anand, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.

2. The petitioner seeks regular bail in connection with Parsa Bazar P. S. Case No. 427 of 2025, dated 13.10.2025 registered for the offences punishable under Section 111(2)(b) of the B.N.S, 2023 and Sections 8(c) and 21(b) of the N.D.P.S. Act.

3. The main submissions advanced by the petitioner's counsel are that the FIR itself goes to show that the recovery of the alleged contraband of 17.60 grm of Broun Sugar like substance is said to have been made from the physical possession of Golu Kumar and Vijay Kumar but not from the possession of this petitioner who has been made an accused merely on account of his presence near the apprehended co-

Patna High Court CR. MISC. No.86607 of 2025(2) dt.09-01-2026 2/2 accused, in fact the petitioner was present at the alleged place at the relevant time bonafidely and he bears no criminal antecedent, has been languishing in jail since 14.10.2025.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepts that the recovery of the alleged contraband was made from the person of the two apprehended co-accused namely Golu Kumar and Vijay Kuamr.

5. In the facts and circumstances of this case and considering the above submissions and averments made in the application, coupled with the petitioner's fair and clean antecedent and his custody period and his aforesaid defence, this court is inclined to release him on bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Parsa Bazar P. S. Case No. 427 of 2025 on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T