Patna High Court
Dipanshu Kumar Singh @ Dipanshu Singh @ Rockey SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dipanshu Kumar Singh, was arrested for alleged possession of 2 kg of ganja, a country‑made pistol and a live cartridge, and charged under Sections 310(4), 310(5), 111 of the Bihar Narcotic Substances Act, Sections 25(1‑B)(a), 26 and 35 of the Arms Act and Sections 8 and 20(B)II(B) of the NDPS Act. He contended that the seizure was illegal because the police did not comply with Section 105 of the Bihar Narcotic Substances Act, that nothing was recovered from his possession, and that the quantity was far below commercial levels. The State opposed bail, citing nine prior criminal cases, two of which were of a similar nature. After hearing both sides, the court held that the petitioner was entitled to regular bail, directing his release on a bond of Rs.10,000 with two sureties and imposing conditions of personal attendance and weekly reporting. The bail order was issued despite the serious nature of the charges and the petitioner’s antecedents.
Issues considered
- Whether regular bail can be granted in a case involving offences under the Bihar Narcotic Substances Act, Arms Act and NDPS Act.
- Whether the seizure of the alleged contraband complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 105, 111, 310(4), 310(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)II(B), 8
Subjects
- regular bail
- narcotics
- arms possession
- NDPS Act
- seizure procedure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29916 of 2026
Arising Out of PS. Case No.-557 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
Dipanshu Kumar Singh @ Dipanshu Singh @ Rockey Singh, S/o Vijendra
Singh Resident of Village- Rukundipur, P.S- Daraunda, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-06-2026 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 310(4),
310(5), 111 of B.N.S., Sections 25(1-B)(a), 26 and 35 of the
Arms Act and Sections 8, 20(B)II(B) of the N.D.P.S. Act.
3. The case of the prosecution, in short is that from
the possession of this petitioner, 2 Kgs. of ganja, one country
made pistol and one live cartridge were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that nothing has been recovered from the
possession of this petitioner. It has further been submitted that
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the witnesses of the seizure list are police personnel. Police has
not complied Section 105 of the B.N.S.S. while making the
seizure. It has also been submitted that the alleged recovery of
contraband is though more than small quantity but is much less
than commercial quantity. Petitioner is languishing in judicial
custody since 18.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of nine
cases out of which two are of similar nature.
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
Maharajganj P.S. Case No.557 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 District and
Additional Sessions Judge-I, Siwan with the following
conditions:-
(i) One of the bailors should be close relative of the
petitioner.
(ii) He shall cooperate in trail and shall remain
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physically present on each and every date fixed by the
learned trial court.
(iii) He shall also mark his attendance weekly at
Daraunda P.S.
(Ashok Kumar Pandey, J)
lata/-
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