Haresh Kumar Singh @ Golu Singh @ Harish Kumar Singh v. The State Of Bihar

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 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 2/3 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 3/3 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