Patna High Court

Suraj KumarversusThe State of Bihar

Decided: 19 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court held that bail could not be granted due to the seriousness of the offences involving narcotics and a loaded firearm.

Summary

The petitioner, Suraj Kumar, applied for bail in a case registered under the Arms Act and the NDPS Act, alleging possession of 10 grams of smack and a loaded pistol. The prosecution presented evidence of the recovered narcotics and firearm, and the petitioner had been in custody since October 2, 2024. The court examined the seriousness of the offences, including the combination of drug possession and a loaded weapon. Considering the gravity of the alleged crimes, the judge was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether bail should be granted to the accused in a case involving possession of narcotics and a loaded firearm under the Arms Act and NDPS Act

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 22, 8(C)

Subjects

bail
Arms Act
NDPS Act
possession of narcotics
possession of firearm
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.88858 of 2025
                    Arising Out of PS. Case No.-437 Year-2024 Thana- MURLIGANJ District- Madhepura

                 ======================================================
                 Suraj Kumar S/O Damodaar Yadav R/O Village- Kolahay Patti, Ward No.- 2,
                 P.S- Murliganj, District- Madhepura


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


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Deepak Kumar Singh, Advocate
                 For the State           :        Mr.Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                    ORAL ORDER

4   19-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Murliganj P.S. Case No. 437 of 2024 registered for the offence

                   punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act

                   and Sections 8(C), 21(b) and 22 of the N.D.P.S. Act.

                                  3. As per the prosecution case, 10 gms of smack and a

                   loaded country made pistol was recovered from the possession

                   of the petitioner.

                                  4. The petitioner is in custody since 02.10.2024.

                                  5. Considering the gravity of offence, I am not
           Patna High Court CR. MISC. No.88858 of 2025(4) dt.19-03-2026
                                                       2/2




                     inclined to grant bail to the petitioner.

                                  6. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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