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Patna High Court

Pawan Kumar Singh @ Jhantu @ Pawan kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that, considering the intermediate quantity of contraband, the petitioners' clean antecedents and the length of their custody, bail should be granted.

Summary

Petitioners Pawan Kumar Singh and Rohit Tiwary were arrested in connection with a case involving alleged possession of mobile phones, SIM cards, 1.5 kg of ganja, a knife, and a pistol recovered from a co-accused. They were charged under Sections 310(4), 310(5), 111 of the Bihar Narcotic Substances Act, Sections 25(1‑B)(a), 26, 35 of the Arms Act and Sections 8, 20(B)(ii)B of the NDPS Act. The petitioners argued that no incriminating article was found on Singh, only a knife on Tiwary, and that they had clean antecedents and had been in custody since 20‑Nov‑2025. The State opposed bail. The court, noting the intermediate quantity of contraband, the petitioners' clean records and the duration of custody, decided to grant bail on a bond of Rs 10,000 each with two sureties, emphasizing that the order is prima facie and does not prejudice the trial.

Issues considered

  • What is the appropriate bail decision for the accused under the NDPS, Arms and Bihar Narcotic Substances Acts given the nature and quantity of the seized contraband and the petitioners' antecedents?

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Arms Act
  • intermediate quantity
  • clean antecedents
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.30561 of 2026
                    Arising out of PS. Case No.-561 Year-2025 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
                 Pawan Kumar Singh @ Jhantu @ Pawan kumar Son of Late Upendra Singh
                 Resident of Village - Piprahia, P.S.- Bhagwanpur Hat, District - Siwan

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 24292 of 2026
                    Arising Out of PS. Case No.-561 Year-2025 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
                 Rohit Tiwary @ Rohit Kumar @ Rohit Kumar Tiwary Son of Mritunjay Nath
                 @ Miritiyunjay Nath Tiwary @ Mirtunjay Nath Tiwary Resident of Village-
                 Saray Parauli, P.S.- Bhagwanpur Hat, District- Siwan

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 30561 of 2026)
                 For the Petitioner/s     : Mr. Javed Aslam, Adv.
                 For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
                 (In CRIMINAL MISCELLANEOUS No. 24292 of 2026)
                 For the Petitioner/s     : Mr. Krishna Kant Singh, Adv.
                 For the Opposite Party/s : Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   27-05-2026                 Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                              2. The petitioners seek bail in Maharajganj P.S. Case

                   No. 561 of 2025 registered for offences under Sections 310(4),

                   310(5), 111 of BNS and Sections 25(1-B)(a), 26, 35 of the Arms

                   Act and Sections 8, 20(B) ii B of the NDPS Act.
     Patna High Court CR. MISC. No.30561 of 2026(3) dt.27-05-2026
                                 2/3




          3. The allegation is that the petitioners were arrested

with two mobile phones and SIM cards, and 1.5 kg of ganja was

recovered from a plastic bag in the joint possession of the

accused persons.

           4. Learned counsel for the petitioners submits that no

incriminating article was recovered from the possession of the

petitioner namely Pawan Kumar Singh and one knife was

recovered from the possession of petitioner namely Rohit

Tiwary. He further submits that an intermediate quantity of

contraband was recovered from the joint possession of the

petitioners. It is also submitted that one country-made pistol was

recovered from the possession of co-accused Prince Kumar

Pandey and the petitioners have clean antecedents and they are

in custody since 20.11.2025.

          5. Learned Additional Public Prosecutor for the State

has vehemently opposed the prayer for bail of the petitioners.

          6. Considering that an intermediate quantity of

contraband was recovered from the joint possession of the

petitioners and the petitioners have clean antecedents and they

are in custody since 20.11.2025, this Court is inclined to grant

bail to the petitioners.

          7.    Let     the     petitioners,        above      named,   be
               Patna High Court CR. MISC. No.30561 of 2026(3) dt.27-05-2026
                                           3/3




           released on bail on furnishing bail bonds of Rs.

           10,000/- (Ten thousand) each with two sureties of the

           like amount each to the satisfaction of the learned

           District   & Additional               Sessions     Judge,          First-cum-

           Special Judge, Siwan, in connection with Maharajganj

           P.S. Case No. 561 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)
Vikash/-

U      T


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