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
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 111, 310(4), 310(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii)B, 8
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.