Patna High Court
Shubham SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1-B)a, 35
- Bihar Narcotic Substances Act — s. 105, 317(3)
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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