Patna High Court
Kumar Gaurav @ Kumar Krishna Gaurav @ Gaurav Singh @ MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Kumar Gaurav, was arrested in connection with a case registered under multiple sections of the Bihar Narcotic Substances Act, 2023, the Arms Act and the NDPS Act, after a pistol, live cartridges and a mobile phone were allegedly seized from his possession. He pleaded innocence, claiming the seizure was not conducted in compliance with Section 105 of the BNSS and that he was falsely implicated. He also highlighted that a co‑accused, Alok Singh, had previously been granted bail in a similar case. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the court found merit in the petitioner’s arguments and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the BNSS, Arms Act and NDPS Act
- Whether the alleged non‑compliance with Section 105 of the BNSS during seizure warrants bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 111, 310(4), 310(5), 317(5), 61(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 8/20(b)(ii)B
Subjects
- bail
- criminal procedure
- seizure
- Arms Act
- NDPS Act
- procedural lapse
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5933 of 2026
Arising Out of PS. Case No.-465 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
Kumar Gaurav @ Kumar Krishna Gaurav @ Gaurav Singh @ Mukhiya S/O
Sanjay Kumar Singh @ Sanjay Singh Resident of vill- Mahuari, P.S.-
Maharajganj, Dist.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Maharajganj P.S. Case No. 465 of 2025 registered for the offence
punishable under Sections 310(4), 310(5), 111, 61(2), 317(5) of
the B.N.S., 2023, Sections 25(1-b)a, 26 and 35 of the Arms Act
and Sections 8/20 (b) (ii) B of the N.D.P.S. Act.
3. The case of the prosecution in short is that from the
possession of this petitioner, one country made pistol, two live
cartridges and a mobile were recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that nothing has been recovered from the possession of
Patna High Court CR. MISC. No.5933 of 2026(2) dt.06-02-2026
2/2
the petitioner. The witnesses of the seizure list are police
personnel. Police has not complied with Section 105 of the BNSS
while making the seizure. He further submits that similarly
situated co-accused person namely, Alok Singh has already been
granted bail by this court vide Cr. Misc. No. 84959 of 2025. The
case of this petitioner stands on similar footing. Moreover, the
petitioner is languishing in judicial custody since 13.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Sessions
Judge, Siwan in connection with Maharajganj P.S. Case No. 465
of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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