Patna High Court
Harshit kumar srivastavaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Regular bail was denied as the Court found the offences to be of a serious nature warranting custody.
Summary
The petitioner, Harshit Kumar Srivastava, was arrested on 30 May 2024 after a police raid recovered arms, ammunition and 1 kg 10 g of charas from his possession. He was charged under IPC sections 399, 402, 120(B) and 34, several provisions of the Arms Act and sections 20(B)(ii)(c), 23(c) and 29 of the NDPS Act. The petitioner applied for regular bail, arguing that he had been in custody for over a year. The Court examined the seriousness of the offences, the quantity of narcotics seized, the presence of weapons and the alleged conspiracy, and concluded that the gravity of the case warranted denial of bail. Consequently, the bail petition was rejected and the trial court was directed to expedite the trial within one year of the order.
Issues considered
- Whether regular bail can be granted to the petitioner given the seriousness of the offences under the IPC, Arms Act and NDPS Act.
Legislation cited
- Arms Act — s. 25(1-A), 25(1-AA), 25(1)(d), 26, 35
- Indian Penal Code — s. 120(B), 34, 399, 402
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(ii)(c), 23(c), 29
Subjects
- bail
- IPC
- Arms Act
- NDPS Act
- dacoity
- conspiracy
- drug possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87188 of 2025
Arising Out of PS. Case No.-306 Year-2024 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Harshit kumar srivastava Son of Late Gopal Srivastava @ Late Srivastava
Resident of village- Raja Bajar West Gopalpur Ward no. 33, Ps- Motihari
Town, Dist- East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar , Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
A.P.Ps. for the State .
2. The petitioner seeks bail in a case registered for
offence under Sections 399, 402, 120(B), 34 of the Indian Penal
Code, Sections 25(1-AA), 25(1-A), 25(1)(d), 26, 35 of the Arms
Act and Sections 20(B)(ii)(c), 23(c) and 29 of N.D.P.S. Act.
3 . As per F.I.R. the police, on a tip off, conducted raid
and and apprehended three accused persons including this
petitioner on the spot with arms and ammunition and also
recovered 1 kg 10 grams of charas wrapped in yellow colour
plastic tape .
4. Considering the seriousness and nature of
accusation , recovery of aforesaid incriminating articles from
Patna High Court CR. MISC. No.87188 of 2025(2) dt.27-01-2026
2/2
possession of petitioner and other co-accused persons, gravity of
offence and other circumstances of the case , the prayer of
petitioner for regular bail is rejected. However, since petitioner
is in custody since 30.05.2024 , learned Trial Court is directed
to expedite and conclude the trial, within the period of one year
from the date of receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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