Patna High Court
Shivchandra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner subject to a bond and conditions.
Summary
Shivchandra Kumar was arrested in connection with a case under the Arms Act (sections 25(1‑A), 25(1‑AA), 25(1‑B)(a), 26 and 35) after police recovered illegal arm‑making material from a co‑accused’s house. The petitioner claimed he was falsely implicated, noting that no incriminating article was found in his possession or residence and that he has no prior criminal record, though he had been in custody since 3 November 2025. He applied for regular bail. The court examined the FIR allegations, the absence of seized items from the petitioner, his clean antecedent, and the length of his pre‑trial detention. Considering these factors, the court ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to a condition that the prosecution could move for cancellation if the statement about his lack of antecedent proved incorrect.
Issues considered
- Whether regular bail should be granted to an accused under the Arms Act when no incriminating material has been recovered from his possession and he has no prior criminal record.
Legislation cited
- Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- illegal arms manufacturing
- regular bail
- criminal antecedent
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13404 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- GANGABRIDGE District- Vaishali
======================================================
Shivchandra Kumar, Son of Hira Sharma, R/o Village- Saifpur ward no. 4,
P.S.- Gangabridge, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gangabridge P.S. Case
no.177 of 2025, registered under sections 25(1-A), 25(1-AA),
25(1-B)(a), 26 and 35 fo the Arms Act.
3. As per the prosecution case, seeing the police
personnel while the accused persons made an attempt to escape,
two persons including the petitioner herein were caught. It is
further stated that on search being conducted in the house of
co-accused Sonu Kumar large number of incriminating articles
used in the manufacture of arms etc. were recovered. It is further
stated that on enquiry the petitioner and the co-accused Sonu
Kumar disclosed that they are into manufacture and sale of
illegal arms.
Patna High Court CR. MISC. No.13404 of 2026(2) dt.12-03-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession.
Even from the contents of the F.I.R. it would transpire that the
alleged seizure is from the house of co-accused Sonu Kumar.
The petitioner has no criminal antecedent and is in custody since
3.11.2025. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., no
incriminating article having been recovered from the petitioner’s
possession or from his house, his being in custody for more than
4 months since 3.11.2025 and especially the petitioner not
having any criminal antecedent, the petitioner is directed to be
enlarged on bail in connection with Gangabridge P.S. Case
no.177 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 Judicial Magistrate Ist Class, Vaishali
at Hajipur on the following condition :-
(I) In case the statement with respect to the petitioner
not having any criminal antecedent is found to be incorrect, the
Patna High Court CR. MISC. No.13404 of 2026(2) dt.12-03-2026
3/3
prosecution will have the liberty to move this Court for
cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
avinash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.