Patna High Court
Sonu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Sonu Kumar Singh was arrested in connection with the alleged possession of a country‑made pistol and a live cartridge, and was charged under the Arms Act, the Bihar Narcotic Substances Act and the NDPS Act. The petitioner sought regular bail, contending that the alleged seizure was not made from his possession, that procedural requirements under Section 105 of the B.N.S. were not complied with, and that he was innocent. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the Court noted the procedural irregularities and the lack of direct evidence linking the seized weapon to the petitioner, and held that these factors warranted the grant of bail. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sessions Judge.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the Arms Act, B.N.S., and NDPS Act.
- Whether non‑compliance with Section 105 of the B.N.S. in the seizure process affects the bail application.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5)
- NDPS Act — s. 20(b)(ii)(B), 8
Subjects
- regular bail
- arms possession
- NDPS Act
- procedural lapse
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89698 of 2025
Arising Out of PS. Case No.-418 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
Sonu Kumar Singh S/o Sirsnath Singh @ Sirsdeo Singh @ Shishdev Singh
R/o Village- Khamharua, P.S- Daraunda, Dist- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 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 25(1-b)a, 26
and 35 of the Arms Act, Sections 310(4) and 310(5) of B.N.S.
and Sections 8/20(b)(ii)(B) of N.D.P.S. Act.
3. The case of the prosecution is that from the
possession of this petitioner, one country made pistol along with
one live cartridge was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. There is no
independent witness of the seizure list rather they are police
Patna High Court CR. MISC. No.89698 of 2025(2) dt.15-01-2026
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personnel. Police has not followed Section 105 of B.N.S.S.
while making seizure. Ganja has not been recovered from the
possession of this petitioner rather it has been made from other
co-accused, namely, Guddu Kumar Yadav. Moreover, the
petitioner is languishing in judicial custody since 24.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of one
case.
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 released on bail in connection with
Daraunda P.S. Case No. 418 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 Sessions Judge, Siwan.
(Ashok Kumar Pandey, J)
shubham/-
U T
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