Patna High Court
Ram Naresh SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted to the petitioners.
Summary
The petitioners, Ram Naresh Singh and Masudhan Kumar, applied for regular bail in a case registered under Sections 317(4) and 317(5) of the Bihar Narcotic Substances Act, where the police recovered one kilogram of silver and twenty grams of gold from them while they were travelling on a motorcycle. The petitioners contended that they were falsely implicated, have no prior criminal record, have been in custody since 27 December 2025, and pledged to cooperate with the trial. The State, represented by the Additional Public Prosecutor, opposed bail on the ground that the petitioners could not explain the ownership of the seized precious metals, suggesting the items were looted or stolen. The Court considered the substantial value of the recovered property and the inability of the accused to account for it. Consequently, the Court was not inclined to grant bail and dismissed the bail application.
Issues considered
- Whether bail should be granted to the accused under Sections 317(4) and 317(5) of the Bihar Narcotic Substances Act given the large seizure of gold and silver and the inability to explain ownership.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(4), 317(5)
Subjects
- bail
- criminal procedure
- seizure of property
- gold
- silver
- false implication
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25964 of 2026
Arising Out of PS. Case No.-407 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
1. Ram Naresh Singh S/O Ram Janam Singh @ Ram Janm Singh R/O Village-
Raghopur, P.S- Jurawanpur, Distt.- Vaishali, Bihar, India
2. Masudhan Kumar @ Masudan Kumar S/O Ram Iqbal Singh R/O Vilage-
Raghopur, P.S.- Jurawanpur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satrudhan Kumar, Advocate
For the Opposite Party/s : Mr.Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with
Didarganj P.S. Case No. 407/2025 registered for the offences
punishable under Sections 317(4), 317(5) of B.N.S.
3. As per the prosecution case, recovery is of one kg
of silver and 20 gm of gold from the petitioners who were
travelling on a motorcycle.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in the case. Learned
counsel further submits that they have clean antecedent and they
are in custody since 27.12.2025. The petitioners undertake to
Patna High Court CR. MISC. No.25964 of 2026(2) dt.20-04-2026
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co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioners on the ground that when the
seizure list was prepared, the petitioners could not explain the
ownership of the seized silver and gold.
6. Considering the huge recovery of gold and silver
which appears to be looted or stolen property, this Court is not
inclined to grant bail to the petitioners.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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