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Patna High Court

Dharmendra Singh @ Dharu Singh @ Dharmendra Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to regular bail and is released upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Dharmendra Singh, was arrested in Nawada district after police claimed to have recovered 416 grams of ganja, a pillow, two country‑made pistols and six live cartridges from his possession. He applied for regular bail, contending that the seized items were not in his possession, the seizure did not comply with Section 105 of the BNSS, his signature was absent from the seizure list, and that he has no criminal antecedent. The prosecution opposed bail, relying on the alleged possession of arms and narcotics under the Arms Act and the NDPS Act. The court examined the procedural deficiencies in the seizure, the small quantity of narcotics, and the petitioner’s clean record, and found merit in the bail application. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite alleged possession of arms and narcotics
  • Whether the seizure complied with Section 105 of the BNSS
  • Whether the quantity of narcotics falls within the ‘small quantity’ exemption under the NDPS Act

Legislation cited

Subjects

  • bail
  • Arms Act
  • NDPS Act
  • seizure procedure
  • small quantity
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22986 of 2026
                          Arising Out of PS. Case No.-359 Year-2025 Thana- ROH District- Nawada
                 ======================================================
                 Dharmendra Singh @ Dharu Singh @ Dharmendra Kumar Singh Son of
                 Suresh Singh Resident of Village - Samharigarh (Samrigarh), P.S.- Roh,
                 District - Nawada.
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Man Mohan Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-04-2026                    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 sections 25(1-b)a, 26

                   of the Arms Act and Sections 8, 20(b)(ii) and 22 of the NDPS

                   Act.

                                3. The case of the prosecution is that from the

                   possession of this petitioner, altogether 416 grams of ganja and

                   below pillow, two country made pistols along with six live

                   cartridges were 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 nothing has been

                   recovered from the possession of the petitioner. The seizure list
            Patna High Court CR. MISC. No.22986 of 2026(2) dt.08-04-2026
                                                        2/2




                      witnesses are police personnel and police has not followed

                      Section 105 of BNSS while preparing the seizure. It has also

                      been submitted that from perusal of the seizure list, it is clear

                      that the signature of the petitioner is not there. A statement has

                      been made in para-3 of this petition that the petitioner has got no

                      criminal antecedent. The contraband which has been recovered

                      from his possession is less than small quantity as per NDPS Act.

                      Moreover, he is languishing in judicial custody since

                      19.10.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular 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 released on bail in connection with

                      Roh P.S. Case No. 359 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 Principal Sessions Judge,

                      Nawada.



                                            (Ashok Kumar Pandey, J)
shubham/-
U      T


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