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Patna High Court

Shivam Kumar Singh @ Shivam Kumar @ Kallu Singh @ KalluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with conditions, finding no sufficient ground to deny bail under the NDPS and B.N.S.S. provisions.

Summary

The petitioner, Shivam Kumar Singh, was arrested during a police check when 500 grams of charas was recovered from him, leading to charges under Sections 20(b)(ii) and 29 of the NDPS Act. The petitioner claimed false implication, highlighted that the seized quantity was far below commercial levels, pointed out non‑compliance with Section 103 of the Bihar Narcotic Substances (Control) Act, 2023, and noted the absence of an independent witness to the seizure. He also argued that he already has bail in eight other cases of different nature. The State opposed the bail application. Considering the modest quantity, the pending chargesheet, the period of custody since 3 October 2025, and the procedural observations, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other stipulated terms.

Issues considered

  • Whether bail should be granted to the accused under the NDPS Act for possession of 500 g of charas, given the quantity is less than commercial and the accused has multiple pending cases.
  • Whether the alleged non‑compliance with Section 103 of the Bihar Narcotic Substances (Control) Act, 2023 and lack of an independent witness affect the grant of bail.
  • Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • charas
  • seizure
  • Section 103
  • Section 480(3)
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90296 of 2025
                   Arising Out of PS. Case No.-373 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Shivam Kumar Singh @ Shivam Kumar @ Kallu Singh @ Kallu S/o Mathura
                 Prasad Singh @Mukul Singh, R/o Village - Athari, P.S - Runnisaidpur,
                 District - Sitamarhi.
                                                                         ... ... Petitioner
                                              Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pushpendra Kumar Singh, Advocate
                                                  Ms. Divya Bharti, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   23-02-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                    2. In the present case, the petitioner seeks bail in

                   connection with Runnisaidpur P.S. Case No. 373 of 2025 dated

                   02.10.2025, registered for the offences punishable under

                   Sections 20(b)(ii) and 29 of the N.D.P.S. Act.

                                    3. As per the prosecution case, recovery of 500

                   grams of charas was made from the petitioner when the

                   petitioner and co-accused were apprehended during police

                   checking.

                                    4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner has falsely been implicated in

                   the present case. Learned counsel next submits that although

                   petitioner carries antecedent of 8 cases, but all of the cases are
Patna High Court CR. MISC. No.90296 of 2025(4) dt.23-02-2026
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          of different nature and he is on bail in all of them. The seized

          contraband is much less than the commercial quantity. There is

          non-compliance of Section 103 of the B.N.S.S., 2023 and there

          is no independent witness to search and seizure. Learned

          counsel lastly submits that petitioner is in custody since

          03.10.2025 and chargesheet has been submitted.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          quantity of seized contraband and further considering the

          submission of chargesheet and period of custody of the

          petitioner, the petitioner, above-named, is directed to be released

          on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Special Judge, Sitamarhi / concerned

          Court, in connection with Runnisaidpur P.S. Case No. 373 of

          2025, subject to the condition laid down under Section 480(3) of

          the B.N.S.S. and other following conditions:

                          (i) One of the bailors will be a close relative of the

          petitioner.

                          (ii) The petitioner will remain present on each and
          Patna High Court CR. MISC. No.90296 of 2025(4) dt.23-02-2026
                                                      3/3




                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                  (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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