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Patna High Court

Shubham SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond with sureties.

Summary

The petitioner, Shubham Singh, was arrested in connection with a case registered under Section 317(3) of the Bihar Narcotic Substances (BNS) Act and Sections 25(1‑B)a/35 of the Arms Act, allegedly for possessing a pistol and Rs.4,000. He applied for regular bail, contending that the seized items were not in his possession and that the police failed to comply with Section 105 of the BNS Act while preparing the seizure list. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the Court considered the procedural lapse in the seizure list and the petitioner’s claim of innocence, and decided to grant regular bail. The petitioner was ordered to be released on furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur.

Issues considered

  • Whether regular bail can be granted to the petitioner under Sections 317(3) of the BNS Act and Sections 25(1‑B)a/35 of the Arms Act.
  • Whether the failure to comply with Section 105 of the BNS Act in preparing the seizure list affects the bail application.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • regular bail
  • Bihar Narcotic Substances Act
  • Arms Act
  • seizure procedure
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37065 of 2026
                    Arising Out of PS. Case No.-34 Year-2026 Thana- LAKHNAUR District- Madhubani
                 ======================================================
                 Shubham Singh S/o Santosh Singh R/o Village - Jhakhara, PS - Agnour,
                 District - Chhapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Baleshwar Kamat, Advocate
                 For the Opposite Party/s :       Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-06-2026                     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 317(3) of

                   BNS and Sections 25(1-B)a/35 of the Arms Act.

                                3. The case of the prosecution is that police had

                   information        that    certain    miscreants     have      gathered     for

                   committing some offence. On this, input police reached that

                   place and apprehended this petitioner. It is alleged that from his

                   possession, one country made pistol along with Rs. 4,000/- was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been
            Patna High Court CR. MISC. No.37065 of 2026(2) dt.15-06-2026
                                                        2/2




                      recovered from the possession of this petitioner. The witnesses

                      of the seizure list are police personnel and police have not

                      complied section 105 of BNSS while preparing the seizure list.

                      Moreover, the petitioner is languishing in judicial custody since

                      01.03.2026.

                                   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 two

                      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 released on bail in connection with

                      Lakhnour P.S. Case No. 34 of 2026 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J.M. Ist, Jhanjharpur,

                      Madhubani.



                                            (Ashok Kumar Pandey, J)
Shubham/-
Sneha/-

U     T


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