Patna High Court
Santosh TiwaryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified bond and conditions.
Summary
Santosh Tiwary was arrested in a case involving alleged offences under the Bharatiya Nyaya Sanhita, the Arms Act and the NDPS Act after police recovered a loaded pistol, a cartridge and 6.20 grams of cannabis, of which 3.15 grams were said to be in his possession. The petitioner pleaded innocence, arguing that no incriminating material was found on his conscious possession, the seized narcotics were below commercial quantity and the statutory requirements of Sections 42 and 50 of the NDPS Act were not complied with. The State opposed bail, citing the seriousness of the charges and the petitioner’s prior criminal antecedents. The Court considered the low quantity of contraband, the length of custody since 31‑08‑2025, and the lack of direct evidence against the petitioner, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance and possible cancellation on two consecutive defaults.
Issues considered
- Whether bail should be granted in a case involving offences under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act.
- Whether the quantity of narcotic seized (below commercial quantity) negates the applicability of Section 37 of the NDPS Act.
- Whether the lack of compliance with Sections 42 and 50 of the NDPS Act affects the bail decision.
- Impact of the petitioner’s prior criminal antecedents and period of custody on bail eligibility.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 310(4), 310(5), 317(2), 317(5), 3(5)
- NDPS Act — s. 18, 22, 37, 42, 50
Subjects
- bail
- NDPS Act
- Arms Act
- criminal procedure
- contraband
- commercial quantity
- suspicion
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91 of 2026
Arising Out of PS. Case No.-611 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Santosh Tiwary Son of Late Jhulan Tiwary R/o Village - Dighi Kala, P.S.-
Hajipur Sadar, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Marhowrah P.S. Case
No. 611 of 2025, instituted for the offences punishable under
Sections 310(4), 310(5), 317(2), 317(5), 111, 3(5) of the
Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a),
26, 35 of the Arms Act, Sections 18 and 22 of the NDPS Act.
3. The prosecution case, in short, is that on the basis
of secret information, the police raided the place of occurrence
and arrested the petitioner along with other co-accused persons.
It is further alleged that on search, the police has recovered one
loaded country made pistol, one live cartridge and total 6.20
Patna High Court CR. MISC. No.91 of 2026(2) dt.20-01-2026
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gram smack, out of which 3.15 gram smack from the possession
of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submits that the petitioner has got no concern
either with the arms or with the smack. It is further submitted
that the petitioner has been arrested only on the basis of
suspicion. The recovered contraband is below the commercial
quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable
in the present case. The petitioner is in custody since 31.08.2025
and has got two criminal antecedents in which he is on bail.
There is no compliance of Sections 42 and 50 of the N.D.P.S.
Act.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the recovered contraband being below the
commercial quantity and taking into account the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
Patna High Court CR. MISC. No.91 of 2026(2) dt.20-01-2026
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7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Marhowrah P.S.
Case No. 611 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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