Patna High Court

Rahul SinghversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner subject to bond and conditions.

Summary

Rahul Singh applied for bail in a criminal case (Maharajganj P.S. Case No. 465 of 2025) involving offences under the Bihar Narcotic Substances Act, the Arms Act and the NDPS Act. The prosecution alleged that police intelligence linked him to a planned incident near Ramapali Mandir, based on statements of co‑accused Suraj and Gaurav. The petitioner contended his innocence, asserted that no contraband was found on him, and highlighted that a co‑accused Alok Singh had been granted bail in a similar case. The State opposed bail, citing eleven prior criminal cases against the petitioner. After hearing both sides, the Court decided to grant bail on a bond of Rs. 10,000 with two sureties and conditions of weekly police station attendance and cooperation in trial.

Issues considered

Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bihar Narcotic Substances Act, Arms Act and NDPS Act.
Whether the petitioner’s prior criminal antecedents justify denial of bail.
Whether the petitioner is likely to flee or tamper with evidence.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
Bihar Narcotic Substances Act — s. 111, 310(4), 310(5), 317(5), 61(2)
Narcotic Drugs and Psychotropic Substances Act — s. 20(ii)(B), 8

Subjects

bail
criminal procedure
narcotics
arms
NDPS
prior criminal antecedents
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2869 of 2026
                    Arising Out of PS. Case No.-465 Year-2025 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
                 Rahul Singh Son of Rajendra Singh Resident of Village - Pasnauli, P.S. -
                 Maharajganj, Dist. - Siwan.                             ... ... Petitioner/s
                                                Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Udit Narayan Singh, Advocate
                 For the Opposite Party/s :      Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Maharajganj P.S. Case No. 465 of 2025 registered for the offence

                   punishable under Sections 310(4), 310(5), 111, 61(2) and 317(5) of

                   the B.N.S., Sections 25(1-b)a, 26 and 35 of the Arms Act and

                   Sections 8, 20(ii)(B) of the N.D.P.S. Act.

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

                   had information that some miscreants have gathered near

                   Ramapali Mandir for planning some big occurrence. It is alleged

                   that Suraj and Gaurav were apprehended and they disclosed the

                   name of this petitioner.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. Learned counsel for the petitioner has further submitted

                   that nothing has been recovered from the possession of this
            Patna High Court CR. MISC. No.2869 of 2026(2) dt.05-02-2026
                                                        2/2




                      petitioner. It has further been submitted that Alok Singh from

                      whose possession 428 gm of charas like object was recovered has

                      been granted bail by this Court vide Cr. Misc. No. 84959 of 2025.

                      The case of this petitioner stands on better footing. Learned

                      counsel for the petitioner has lastly submitted that the petitioner is

                      languishing in judicial custody since 13.09.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the application for bail and has submitted that petitioner

                      is having criminal antecedent of eleven 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 Sessions Judge,

                      Siwan in connection with Maharajganj P.S. Case No. 465 of 2025

                      with the condition that petitioner shall mark his attendance

                      weekly at Maharajganj P.S. and shall co-operate in the trial.

                      Learned trial court will be at liberty to pass appropriate order.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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