Patna High Court
Ashu Singh @ Krishna Singh @ Ashu Kr. SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to a bond and the condition of not committing similar offences.
Summary
Ashu Singh, arrested in connection with a case registered under Sections 317(2)-(5) and 111(2) of the BNS and Sections 25(1‑b)a, 26 and 35 of the Arms Act, applied for regular bail. The prosecution alleged that a pistol and a live cartridge were recovered from his possession during a police raid, while the petitioner contended that nothing was seized from him and that the seizure did not comply with Section 105 of the BNS. The petitioner also highlighted that co‑accused in the same case had been granted bail by the Coordinating Bench in Cr. Misc. No. 34823 of 2025 and that he had been in judicial custody since 1 January 2025. The State opposed bail, citing six prior criminal cases against the petitioner. After hearing both sides, the Court granted bail on a bond of Rs 10,000 with two sureties, imposing the condition that the petitioner not engage in similar offences.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged seizure of a firearm and cartridge.
- Whether non‑compliance with Section 105 of the BNS in the seizure process affects the bail application.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
Subjects
- regular bail
- arms act
- seizure procedure
- Section 105 BNS
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13326 of 2026
Arising Out of PS. Case No.-411 Year-2024 Thana- DURAULI District- Siwan
======================================================
Ashu Singh @ Krishna Singh @ Ashu Kr. Singh Son of Jitendra Singh
Resident of Vill. - Chitanpur, P.S. - Asawn, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 317(2),
317(3), 317(4), 317(5) & 111(2) of the BNS and under Sections
25(1-b)a, 26 & 35 of the Arms Act.
3. The case of the prosecution, in short, is that police
had information that certain miscreants have gathered to commit
some offence. On this information, police raided the house of one
Ashwini Kumar Ram in village Belaon. It is further stated that
four persons were apprehended including the petitioner. It is
further stated that from possession of this petitioner one country
made pistol and one live cartridge were recovered.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of this petitioner.
Learned counsel for the petitioner has further submitted that the
witnesses of the seizure list are police personnel and police have
Patna High Court CR. MISC. No.13326 of 2026(3) dt.09-04-2026
2/2
not complied Section 105 of the BNSS while making seizure. It
has further been submitted that co-accused persons have been
granted bail by the learned Co-ordinate Bench of this Court vide
Cr. Misc. No. 34823 of 2025. The case of this petitioner stands on
similar footing. Learned counsel for the petitioner has further
submitted that the petitioner is in judicial custody since
01.01.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the bail and has submitted that the
petitioner is having criminal antecedent of six cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall not indulge in similar nature of offences. The
above named petitioner is directed to be released on bail in
connection with Darauli P.S. Case No. 411 of 2024 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned court of C.J.M.,
Siwan.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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