Patna High Court
Shivam Kumar Singh @ Shivam Kumar @ Kallu Singh @ KalluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii), 29
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
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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
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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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