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Patna High Court

Dipanshu Kumar Singh @ Dipanshu Singh @ Rockey SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.29916 of 2026(2) dt.22-06-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.29916 of 2026(2) dt.22-06-2026
                                                         3/3




                       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/-
U        T


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