Patna High Court
Shravan Poddar @ Shravan Kumar @ Shravan Kumar PoddarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Shravan Poddar, sought regular bail in a criminal miscellaneous case (No.25843 of 2026) arising from a charge under sections 317(4), 317(5) and 3(5) of the Bihar Narcotic Substances Act (BNS). The prosecution alleged that the petitioner, along with others, was involved in turning a tempo into scrap, and an informant identified him. The petitioner contended innocence, asserted that no material was recovered from him, highlighted non‑compliance with Section 105 of the BNS Act in preparing the seizure list, and pointed out his clean criminal record and prolonged pre‑trial detention since 10‑12‑2025. The State opposed the bail application. After considering the facts, 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 Judicial Magistrate, 1st Class, Supaul.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under sections 317(4), 317(5) and 3(5) of the BNS Act.
- Whether the failure to comply with Section 105 of the BNS Act in preparing the seizure list warrants bail.
- Whether the petitioner’s lack of criminal antecedents and prolonged pre‑trial custody affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 317(4), 317(5), 3(5)
Subjects
- regular bail
- Bihar Narcotic Substances Act
- Section 105
- pre‑trial detention
- seizure list
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25843 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- Rajeshwari District- Supaul
======================================================
Shravan Poddar @ Shravan Kumar @ Shravan Kumar Poddar S/O Ravindra
Poddar R/O Village- Mirganj, Ward No. 12, P.S.- Murliganj, Distt.-
Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-04-2026 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 317(4),
317(5) and 3(5) of BNS.
3. The case of the prosecution is that the petitioner
along with others was turning a tempo into scrap which was
observed by the informant. Further case of the informant is that
he asked the name of the petitioner who has disclosed his name.
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 this petitioner. The witnesses
Patna High Court CR. MISC. No.25843 of 2026(2) dt.20-04-2026
2/2
of the seizure list are police personnel. Police has not complied
Section 105 of BNSS while preparing the seizure list. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 10.12.2025.
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
Rajeshwari P.S. Case No. 147 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 Judicial Magistrate,
1st Class, Supaul.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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