Patna High Court
Satyam Kumar @ Satyam YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing release on a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Satyam Kumar, was arrested in connection with a case registered under Sections 399, 401, 402 of the IPC, Sections 25(1‑B)(a), 26, 35 of the Arms Act and Sections 8(C), 21(B), 21(C), 22(C) of the NDPS Act, on the allegation that 10 g of brown sugar was recovered from his possession. The petitioner contended that he was falsely implicated, that no contraband was actually seized from him, and that the police failed to comply with Section 105 of the BNSS while making the seizure. He further argued that the quantity recovered was far below a commercial amount and that he had been in judicial custody since 16‑05‑2024. The State opposed bail, citing five prior criminal cases against the petitioner. After hearing both sides, the Court held that bail was appropriate, directing the petitioner to be released on a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Principal District & Sessions Judge, Samastipur.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the IPC, Arms Act and NDPS Act.
- Whether the alleged seizure complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 105
- Indian Penal Code — s. 399, 401, 402
- Narcotic Drugs and Psychotropic Substances Act — s. 21(B), 21(C), 22(C), 8(C)
Subjects
- bail
- IPC
- Arms Act
- NDPS Act
- seizure procedure
- prior criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21029 of 2026
Arising Out of PS. Case No.-110 Year-2024 Thana- ROSERA District- Samastipur
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Satyam Kumar @ Satyam Yadav S/o- Surendra Yadav @ Suro @ Surendra
Mohan Shishir R/v- Malhipur Ps- Hasanpur Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Ranjan, Advocate
Mr. Pravin Kumar, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner has prayed for bail in connection
with Rosera P.S. Case No. 110 of 2024 registered for the offence
punishable under Sections 399, 401, 402 of the Indian Penal
Code and Sections 25(1-B)(a), 26, 35 of the Arms Act and
Sections 8(C), 21(B), 21(C), 22(C) of the NDPS Act.
3. The case of the prosecution, in short, is that from
the possession of the petitioner altogether 10 grams of brown
sugar was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.21029 of 2026(2) dt.02-04-2026
2/2
case. He also submits that nothing has been recovered from the
possession of this petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that alleged recovery of contraband is though more than small
quantity but is much less than commercial quantity. Moreover,
the petitioner is languishing in judicial custody since
16.05.2024.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of five 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 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 & Sessions Judge, Samastipur in connection
with Rosera P.S. Case No. 110 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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