Patna High Court
Golu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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