Patna High Court
Dipak Kumar @ Dipak Kumar Yadav @ Dipak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1-B)(a), 26(2), 35
- Bihar Narcotic Substances Act — s. 105, 310(4), 310(5)
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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