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Patna High Court

Dipak Kumar @ Dipak Kumar Yadav @ Dipak Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and sureties.

Summary

The Patna High Court heard a bail application filed by Dipak Kumar, who was arrested in connection with a case registered under Sections 310(4) and 310(5) of the Bihar Narcotic Substances Act (B.N.S.) read with Sections 25(1‑B)(a), 26(2) and 35 of the Arms Act. The prosecution alleged that a loaded pistol, a live cartridge, a mobile phone and a bike were recovered from the petitioner’s possession, while the petitioner contended that nothing was seized from him and that the police failed to comply with Section 105 of the B.N.S. during the seizure. He has been in judicial custody since 24 April 2025 and the State opposed bail, citing five prior criminal cases against him. After hearing both sides, the Court found merit in the petitioner’s claim of procedural lapse and, despite the antecedents, decided to grant bail. The bail was conditioned on a bond of Rs 10,000 with two sureties, cooperation with the trial and personal appearance on all dates.

Issues considered

  • Whether bail should be granted in a case involving offences under the Bihar Narcotic Substances Act and the Arms Act despite the petitioner’s alleged criminal antecedents.
  • Whether the alleged non‑compliance with Section 105 of the B.N.S. during seizure warrants bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Bihar Narcotic Substances Act
  • seizure procedure
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7859 of 2026
                     Arising Out of PS. Case No.-264 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Dipak Kumar @ Dipak Kumar Yadav @ Dipak Kumar Singh, S/o
                 Bheneshwer Yadav, R/o vill - Purab Tola Silhauri, P.S.- Marhaura/
                 Madhaurah/Marhawrah, Distt.- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajit Kumar Singh, lAdvocate
                 For the Opposite Party/s :      Ms. Pushpa Sinha, 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 Marhowrah / Marhaura / Madhaurah P.S. Case No. 264 of

                   2025 registered for the offence punishable under Sections

                   310(4), 310(5) of B.N.S. read with Sections 25(1-B)(a), 26(2)

                   and 35 of the Arms Act.

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

                   the possession of this petitioner, one loaded country made pistol,

                   one live cartridge, one mobile and one bike 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
             Patna High Court CR. MISC. No.7859 of 2026(2) dt.06-02-2026
                                                         2/2




                       case. Nothing has been recovered from his possession. The

                       witnesses of the seizure list are police personnel. Police has not

                       complied Section 105 of the B.N.S.S. while making the seizure.

                       Petitioner is languishing in judicial custody since 24.04.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of five 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 Chief

                       Judicial Magistrate, Saran at Chapra in connection with

                       Marhowrah / Marhaura / Madhaurah P.S. Case No. 264 of 2025

                       with the condition that petitioner shall cooperate in the trial

                       and shall remain physically present on each and every date.


                                              (Ashok Kumar Pandey, J)

lata/-
U        T


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