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Patna High Court

Golu Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner despite the serious nature of the charges.

Summary

Golu Kumar Singh was arrested in connection with a case registered under Sections 310(4), 310(5) and 111 of the B.N.S., several provisions of the Arms Act and the NDPS Act. The police recovered a sharp‑edged weapon and a mobile from him and 2 kg of ganja from a co‑accused. The petitioner claimed innocence, argued that only a knife was seized and that the seizure did not comply with Section 105 of the B.N.S., and highlighted his clean record and prolonged judicial custody since 18‑11‑2025. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the court decided to enlarge the petitioner on bail, directing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail can be granted in a case involving offences under the B.N.S., Arms Act and NDPS Act.
  • Whether the seizure of the weapon and mobile complied with the procedural requirements of Section 105 of the B.N.S.
  • Whether the petitioner poses a flight risk or a danger of tampering with evidence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • NDPS Act
  • Arms Act
  • seizure
  • Section 105
  • judicial custody
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14513 of 2026
                    Arising Out of PS. Case No.-557 Year-2025 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
                 Golu Kumar Singh, S/o Raj Kishor Singh, R/o Village- Bhikha Bandh, P.S.-
                 Daraunda, District- Siwan.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   02-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Maharajganj P.S. Case No. 557 of 2025 registered for the offence

                   punishable under Sections 310(4), 310(5) and 111 of B.N.S. and

                   Sections 25(1-b)(a), 26 and 35 of the Arms Act along with

                   Sections 8, 20(b), 11B of N.D.P.S. Act.

                                3. The case of the prosecution, in short, is that police

                   had information that certain miscreants have gathered at village-

                   Indauli for committing some offence. On this input, the police

                   reached the place of occurrence and from the possession of this

                   petitioner, one sharp edged weapon and a mobile was recovered

                   and from the possession of the co-accused, 2 Kg. of ganja was also

                   recovered.

                                4. Learned counsel appearing on behalf of the petitioner
             Patna High Court CR. MISC. No.14513 of 2026(3) dt.02-04-2026
                                                         2/2




                       has submitted that petitioner is innocent and has committed no

                       offence. He has been falsely implicated in this case. It has been

                       submitted that only a knife has been recovered from the possession

                       of this petitioner and as such, allegations under the Arms Act and

                       N.D.P.S. Act are not attracted against him. Nothing incriminating

                       has been recovered from his possession. The seizure list witnesses

                       are police personnel and police has not complied Section 105 of

                       the B.N.S.S. while making the seizure. Petitioner is having no

                       criminal antecedent and he is languishing in judicial custody since

                       18.11.2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail.

                                    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. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail bond

                       of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                       like amount each to the satisfaction of the learned Principal

                       District Judge, Siwan in connection with Maharajganj P.S. Case

                       No. 557 of 2025.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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