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Patna High Court

Dewa ChauhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with two sureties.

Summary

The petitioner, Dewa Chauhan, filed a regular bail application in a case registered under sections 25(1‑b)a, 26 and 35 of the Arms Act, sections 310(4) and 310(5) of the Bihar Narcotic Substances Act, and sections 8/20(b)(ii)(B) of the NDPS Act. The prosecution alleged that a pistol and a live cartridge were recovered from the petitioner’s possession, while the petitioner contended that no weapon was seized from him, the seizure list was absent, and the police failed to comply with Section 105 of the B.N.S. Act. He further argued that the narcotic material was recovered from a co‑accused, Guddu Kumar Yadav, and highlighted that a similarly situated co‑accused had already been granted bail. The State opposed the bail, citing the seriousness of the offences. After hearing both sides, the court found merit in the petitioner’s arguments and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court, Siwan.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the Arms Act, Bihar Narcotic Substances Act and NDPS Act.
  • Whether the seizure of the weapon and narcotic material complied with statutory requirements, particularly Section 105 of the B.N.S. Act.
  • Whether the existence of a prior bail order for a co‑accused influences the bail decision in the present case.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • NDPS Act
  • seizure procedure
  • Section 105
  • judicial custody
  • special excise court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 91417 of 2025
                      Arising Out of PS. Case No.-418 Year-2025 Thana- DARAUNDA District- Siwan
                 ======================================================
                 Dewa Chauhan S/o Ram Pravesh Chauhan @ Rampravesh Mahto Resident of
                 village - Pasiwar, Police Station - Daraunda, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Anwar, Advocate
                 For the Opposite Party/s :      Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   25-02-2026                    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. 91417 of 2025(3) dt.25-02-2026
                                                       2/2




                     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.

                     Learned counsel has further submitted that similarly situated

                     other co-accused person has already been granted bail by this

                     court vide Cr. Misc. No. 89698 of 2025.

                                  5. Learned APP appearing for the State has

                     vehemently opposed the prayer of regular bail.

                                  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 Exclusive Special Excise

                     Court No. 1, Siwan.



                                            (Ashok Kumar Pandey, J)
subham/-

U


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