Patna High Court
Shailendra Kumar Singh @ Kshatri SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The petitioner is entitled to bail, subject to a bond of Rs.10,000 and two sureties.
Summary
Shailendra Kumar Singh was arrested in connection with the recovery of 1.98 kg of ganja and a country‑made pistol, and charged under Sections 8 and 20(b)(II)(B) of the NDPS Act and Sections 25(1‑b) and a/26 of the Arms Act. The petitioner pleaded innocence, asserted that he has no prior criminal record and had been in custody since 31‑10‑2025. The State opposed his bail application. The Court noted that the quantity of narcotics was intermediate, the period of detention was not excessive, and the petitioner had no antecedent. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties, emphasizing that the order was prima facie and would not affect the trial. The bail order was made subject to the satisfaction of the Additional Sessions Judge, Rohtas.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act and Arms Act considering the intermediate quantity of narcotics, possession of an illegal firearm, the length of custody, and the absence of prior criminal record.
Legislation cited
- Arms Act — s. 25(1-b), a/26
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(II)(B), 8
Subjects
- bail
- NDPS Act
- Arms Act
- drug possession
- illegal firearm
- intermediate quantity
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27247 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- DARIGAON District- Rohtas
======================================================
Shailendra Kumar Singh @ Kshatri Singh son of Late Rajdev Singh Resident
of village -Kusudhi PS -Darigaon Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh, Adv.
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Darigaon P.S. Case No. 204 of 2025 instituted for the offences
under Sections 8, 20(b)(II)(B) of the NDPS Act and Section
25(1-b), a/26 of the Arms Act.
3. Allegation is of recovery of 1.98 kg of ganja and
one country made pistol from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner bears no criminal antecedent and he
is in custody since 31.10.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
Patna High Court CR. MISC. No.27247 of 2026(3) dt.13-05-2026
2/2
6. Considering that the quantity is intermediate as
well as the period of custody and absence of criminal
antecedent, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned 14 th
Additional Sessions Judge, Rohtas at Sasaram/concerned Court
in connection with Darigaon P.S. Case No. 204 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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