Patna High Court
Haresh Kumar Singh @ Golu Singh @ Harish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.
Summary
The petitioner, Haresh Kumar Singh, was charged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023, Section 30(a) of the Bihar Prohibition and Excise Act, and Sections 25(1‑B)a, 26 and 35 of the Arms Act for allegedly supplying pistols recovered from a co‑accused’s house. The prosecution’s case relied on the co‑accused’s confession that the pistols were bought from the petitioner, but no arms or liquor were seized from the petitioner’s possession. The petitioner argued innocence, lack of incriminating material, and non‑compliance with Section 103 of the BNSS, 2023, while the State opposed bail. Considering the absence of seized contraband from the petitioner and the period of custody already served, the Court inclined to grant bail. The Court ordered release on bail of Rs.15,000 with two sureties, subject to conditions of family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the BNSS, Bihar Prohibition and Excise Act and Arms Act.
- Whether the lack of seizure of arms or liquor from the petitioner’s possession and non‑compliance with Section 103 of the BNSS, 2023, justify bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275
Subjects
- bail
- arms trafficking
- illegal liquor
- criminal procedure
- Section 103
- BNSS
- Bihar Prohibition and Excise Act
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91589 of 2025
Arising Out of PS. Case No.-447 Year-2025 Thana- LAURIA District- West Champaran
======================================================
Haresh Kumar Singh @ Golu Singh @ Harish Kumar Singh S/O Sri Buchun
Kumar singh Resident of village- Sitapur,P.S-Lauriya,Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard Mr. Abhishek Kumar and Mr. Hemant Ray, learned
counsels for the petitioner and Ms. Renu Kumari, learned APP
for the State.
2. The petitioner seeks bail in connection with
Lauriya PS Case No. 447 of 2025 instituted for the offences
under Section/s 274 & 275 of the Bharatiya Nyaya Sanhita,
2023, Section 30(a) of the Bihar Prohibition and Excise Act and
Sections 25(1-B)a, 26 & 35 of the Arms Act.
3. The prosecution case, in short, is that on
16.10.2025, acting on confidential information, the police raided
the house of co-accused, namely, Dipak Patwa and recovered
two pistols, twelve live cartridges, and 92 liters of country-made
liquor, which were duly seized. During interrogation, Dipak
Patna High Court CR. MISC. No.91589 of 2025(2) dt.20-01-2026
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Patwa disclosed that the pistols were purchased from Haresh
Kumar Singh @ Golu Singh (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, which is evident from
bare perusal of the FIR itself. The petitioner has got no concern
with the alleged recovery of liquor. It is submitted that recovery
of arms is made from the possession of co-accused and he has
no concern with the same. The petitioner is in custody since
18.10.2025 and has got one criminal antecedent/s. There is no
compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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, there being no recovery either of liquor or of arms
from the petitioner’s possession and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.91589 of 2025(2) dt.20-01-2026
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below/concerned Court in connection with Lauriya PS Case
No. 447 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)
Raj Kishore/-
U T
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