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Patna High Court

Shashank Shekhar @ Bittu @ Sheshank Morya @ Sheshank Shekhar @ ShekharversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner on the condition of a bail bond and sureties.

Summary

The petitioner, Shashank Shekhar, was arrested in connection with a case registered under section 317(5) of the Bihar Narcotic Substances (BNS) Act and sections 25(1‑B)(i) and 26 of the Arms Act. The police recovered a mobile phone, a car, walkie‑talkies, cartridges, crackers, pellets and other items, alleging they were found in the petitioner’s possession, though the petitioner claimed only a mobile and the car belonged to him and the rest came from a joint house. The petitioner, who had been in judicial custody since 27‑12‑2025, sought regular bail, arguing the seizure list was not prepared in compliance with section 105 of the BNS Act and that there were no independent witnesses to the seizure. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the court found merit in the petitioner’s arguments and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate, Birpur.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the BNS Act and the Arms Act.
  • Whether procedural lapses in the preparation of the seizure list under section 105 of the BNS Act justify granting bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • regular bail
  • bail bond
  • Bihar Narcotic Substances Act
  • Arms Act
  • seizure list
  • procedural lapse
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18983 of 2026
                       Arising Out of PS. Case No.-155 Year-2025 Thana- KARJAIN District- Supaul
                 ======================================================
                 Shashank Shekhar @ Bittu @ Sheshank Morya @ Sheshank Shekhar @
                 Shekhar Son of Late Binod Mehta @ Late Binod Kumar Mehta Resident of
                 Village- Bayasi, Ward No. 08, P.S.- Karjain, District- Supaul
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun, Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-03-2026                   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 section 317(5) of BNS

                   and Sections 25(1-B)(i) and 26 of the Arms Act.

                                3. The case of the prosecution is that from the pocket of

                   this petitioner, one mobile, from bag, four handsets of walkie

                   talkie and charger and from fridge cover, four empty cartridges

                   were recovered. 34 pieces of crackers, 320 pieces of pellets and a

                   maruti car without registration number were also recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that actually, only

                   recovery from the possession of this petitioner is one mobile and

                   the car which is said to recovered, belongs to the petitioner.
            Patna High Court CR. MISC. No.18983 of 2026(2) dt.31-03-2026
                                                        2/2




                      Others incriminating articles which were recovered, is from the

                      joint house. There is no independent witness of the seizure list

                      rather they are police personnel. Police has not complied Section

                      105 of BNSS while preparing the seizure list. Moreover, the

                      petitioner is languishing in judicial custody since 27.12.2025 and

                      charge sheet has been submitted.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail and has submitted that

                      petitioner is having criminal antecedent of three 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. The above named

                      petitioner is directed to be released on bail in connection with

                      Karjain P.S. Case No. 155 of 2025 on furnishing bail bond of

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

                      each to the satisfaction of learned Additional Chief Judicial

                      Magistrate, Birpur (Supaul)



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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