Patna High Court

Prabhakar Singh @ Lalla Thakur @ Lala ThakurversusThe State of Bihar

Decided: 2 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

Petitioner Prabhakar Singh was arrested in connection with a case registered under Sections 413, 414 and 34 of the IPC, Sections 8(c), 21(b), 21(c) and 22(c) of the NDPS Act, and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution alleged that a loaded pistol and 50 g of brown sugar were seized from the petitioner and 49 g from a co‑accused. The petitioner’s counsel contended that nothing was actually recovered from him, that the seizure list was prepared by police personnel without compliance with Section 105 of the BNSS Act, and that the quantity seized was far below commercial levels. He also highlighted that the petitioner had been in judicial custody since 1 April 2024 and sought regular bail. The State opposed the bail application. After considering the procedural irregularities and the small quantity of contraband, the Court granted regular bail on a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under the IPC, NDPS Act and Arms Act
Whether procedural lapses in the seizure (non‑compliance with Section 105 of the BNSS Act) affect bail eligibility
Whether the quantity of narcotics seized warrants denial of bail

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
BNSS Act — s. 105
Indian Penal Code — s. 34, 413, 414
Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 21(c), 22(c), 8(c)

Subjects

bail
NDPS Act
Arms Act
IPC
quantity of narcotics
procedural lapse
seizure
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4751 of 2026
                     Arising Out of PS. Case No.-99 Year-2024 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Prabhakar Singh @ Lalla Thakur @ Lala Thakur S/O Ram Khelawar Singh
                 @ Ram Kalebar Singh R/O Village- Narar Uttawari Tol, P.S- Kaluahi,
                 District- Madhubani                                    ... ... Petitioner/s
                                                Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagan Deo Yadav, Advocate
                                                  Mr. Ravi Prakash, Advocate
                                                  Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-02-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 413 &

                   414/34 of the Indian Penal Code, under Sections 8(c), 21(b),

                   21(c) & 22(c) of the N.D.P.S. Act and under Sections 25(1-b)a

                   and 26/35 of the Arms Act.

                                 3. The case of the prosecution, in short, is that from

                   the possession of this petitioner, one loaded pistol and 50 gm of

                   brown sugar was recovered and from co-accused 49 gm of

                   brown sugar was recovered.

                                 4. Learned counsel for the petitioner submits that

                   nothing has been recovered from the possession of the

                   petitioner. Learned counsel for the petitioner has further
            Patna High Court CR. MISC. No.4751 of 2026(2) dt.02-02-2026
                                                        2/2




                      submitted that the witnesses of the seizure list are police

                      personnel and police has not complied Section 105 of the

                      BNSS. It has further been submitted by learned counsel for the

                      petitioner that the recovered of alleged contraband is though

                      more than small quantity but is much less than the commercial

                      quantity. Learned counsel for the petitioner has lastly submitted

                      that the petitioner is in judicial custody since 01.04.2024.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   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

                      G.R. No. 20 of 2024, arising out of Jaynagar P.S. Case No. 99 of

                      2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned     Special      Judge-cum-Additional       Sessions   Judge-V,

                      Madhubani.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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