Patna High Court

Ashish Kumar @ Ashish Kumar ThakurversusThe State of Bihar

Decided: 6 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The High Court granted bail to the petitioner.

Summary

The petitioner, Ashish Kumar Thakur, was arrested in connection with Jaynagar P.S. Case No. 55 of 2026 (G.R. No. 358 of 2025) for an alleged offence punishable under Section 304(2) of the Bihar Narcotic Substances Act, 2023, involving the alleged snatching of a mobile phone. He contended that he was falsely implicated, that the seized mobile was recovered from his possession, and that the police failed to comply with Section 105 of the Act while making the seizure. The petitioner had been in judicial custody since 5 February 2026, and the State opposed bail citing two prior criminal cases against him. After hearing both sides, the High Court considered the procedural lapse in seizure, the lack of material recovered from the petitioner, and the principle of bail for offences triable by a Judicial Magistrate. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether bail should be granted in a case under Section 304(2) of the Bihar Narcotic Substances Act, 2023
Whether the police complied with Section 105 of the Act in effecting the seizure
Whether the petitioner’s prior criminal antecedents preclude bail

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 105, 304(2)

Subjects

bail
criminal procedure
Section 304(2) BNSS
Section 105 BNSS
judicial custody
precedent
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21526 of 2026
                     Arising Out of PS. Case No.-55 Year-2026 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Ashish Kumar @ Ashish Kumar Thakur Son of Rakesh Sharma Resident of
                 Village- Subhash Chouk, Ward No. 14, P.S.- Jaynagar, District- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :       Mrs. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                    Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Jaynagar P.S. Case No. 55 of 2026 corresponding to G.R.

                   No. 358 of 2025 registered for the offence punishable under

                   Section 304(2) of the B.N.S., 2023.

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

                   unknown miscreants have snatched the mobile of the informant.

                                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

                   case. He also submits that the snatched mobile was recovered

                   from the possession of this petitioner. He further submits that

                   actually nothing has been recovered from the possession of this
           Patna High Court CR. MISC. No.21526 of 2026(2) dt.06-04-2026
                                                       2/2




                     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. Moreover, the petitioner is

                     languishing in judicial custody since 05.02.2026 and this case is

                     triable by the Judicial Magistrate, 1st Class.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of two 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 Chief

                     Judicial Magistrate, Madhubani in connection with Jaynagar

                     P.S. Case No. 55 of 2026 corresponding to G.R. No. 358 of

                     2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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