Patna High Court
Shivam Kumar @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner on the condition of a bail bond and sureties.
Summary
The petitioner, Shivam Kumar, applied for regular bail in a case registered under sections 25(1-AA), 26 and 35 of the Arms Act, where two co‑accused were found in possession of illegal firearms and alleged that they had purchased the arms from the petitioner. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that no weapon was recovered from his possession; the only material against him was the co‑accused's statements. The court noted that the co‑accused had already been released on bail and that the petitioner had been in custody since 11‑12‑2025 without any incriminating evidence linking him directly to the seized arms. Considering the lack of material evidence, the petitioner’s clean record, and the circumstances of his prolonged detention, the court decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the learned Sub‑Divisional Judicial Magistrate, Khagaria.
Issues considered
- What is the appropriate decision on the petitioner's application for regular bail under the Arms Act given the allegations and the absence of direct incriminating material against him?
Legislation cited
- Arms Act — s. 25(1-AA), 26, 35
Subjects
- regular bail
- Arms Act
- false implication
- criminal antecedent
- co‑accused statements
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13077 of 2026
Arising Out of PS. Case No.-130 Year-2025 Thana- MAHESHKHUNT District- Khagaria
======================================================
Shivam Kumar @ Chhotu Kumar S/o Rabindra Yadav Resident of Village-
Bihari Marar Tola, Tikarampur, P.S.- Muffasil, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 26-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Maheshkhunt P.S. Case
no. 130 of 2025 registered under sections 25(1-AA), 26 and 35 of
the Arms Act.
3. As per the prosecution case, on a raid being
conducted, two country made 9 MM pistols along with four
magazine and two live cartridges were recovered from the
possession of co-accused Rakesh Kumar Yadav and Gulshan
Kumar. The informant further states that on interrogation, the
accused who were caught disclosed that they have purchased the
arms from the petitioner.
4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case
because of his antecedent. He has no concern either with the
Patna High Court CR. MISC. No.13077 of 2026(2) dt.26-02-2026
2/2
seized articles or with the coaccused Rakesh Kumar Yadav and
Gulshan Kumar. The only material against him is the statement
of the co-accused made before the police who have both been
enlarged on bail vide orders brought on record as Annexure-2 to
the petition. The petitioner has no criminal antecedent and is in
custody since the 11.12.2025.
5. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, no incriminating article having been recovered from his
possession and the name of the petitioner having transpired in
the statement of the two co-accused who have themselves been
enlarged on bail, the petitioner having remained in custody since
11.12.2025 and not having any criminal antecedent, the Court
directs the petitioner to be enlarged on bail in connection with
Maheshkhunt P.S. Case no. 130 of 2025 on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned S.D.J.M., Khagaria.
(Partha Sarthy, J)
Bibhash/-
U T
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