Shivam Kumar Singh @ Shivam Kumar @ Kallu Singh @ Kallu v. The State Of Bihar

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 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 2/3 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