Patna High Court
Shaiuddin @ Sayoddin @ Shankar Singh @ RahulversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Shaiuddin, was arrested by police on the basis of secret information alleging that he was planning to commit offences under the NDPS Act, Bihar Narcotic Substances Act and the Arms Act, and a country-made pistol with live cartridges was seized. He contended that he was falsely implicated, despite having 14 prior criminal cases where he was only a remandee, and had been in judicial custody since 2 May 2025. The State opposed his regular bail application. The court examined the nature of the offences, the circumstances of the arrest, and the petitioner’s claim of innocence, and found no compelling reason to deny bail. Consequently, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge (NDPS), West Champaran. The bail order was pronounced on 9 January 2026.
Issues considered
- Whether regular bail can be granted to an accused of offences under sections 8 and 20(b)(ii)(c) of the NDPS Act, sections 310(4) and 310(5) of the Bihar Narcotic Substances Act, and sections 25(1-b)a, 26 and 35 of the Arms Act.
- Whether the circumstances of the arrest and the alleged seizure of a firearm justify denial of bail.
- Whether the petitioner’s prior criminal antecedents affect his right to bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances (BNS) Act — s. 310(4), 310(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 8
Subjects
- regular bail
- NDPS Act
- Arms Act
- police investigation
- false implication
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74137 of 2025
Arising Out of PS. Case No.-167 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Shaiuddin @ Sayoddin @ Shankar Singh @ Rahul S/o Late Nazzi Miyan @
Late Najji R/o vill - Dakshin Tola, P.s.- Kodhibhar, Distt.- Maharajganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-01-2026 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 8/20 (b) (ii)
(c) of the NDPS Act, Section 310 (4) and 310 (5) of the BNS as
well as Section 25 (1-b)a and 26/35 of the Arms Act.
3. The case of the prosecution, in short, is that police
received secret information that certain miscreants were making
plan to commit an offence. On receiving this information, police
reached the spot and arrested the petitioner on the spot. Upon
search, a country made pistol and five live cartridges were
allegedly recovered from his possession.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.74137 of 2025(3) dt.09-01-2026
2/2
connection with the present case. It is further submitted that
although the petitioner has criminal antecedents of 14 cases but
none of those cases, he is named accused rather he was merely
remanded in connection with other cases. It is the high-
handedness on the part of the police, the petitioner has been
falsely implicated and shown as an accused in as many as 14
cases. Moreover, the petitioner is languishing in judicial custody
since 02.05.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid 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 Bairiya P.S. Case No. 167 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge (NDPS), West Champaran, Bettiah.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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