Patna High Court
Shivam Raj @ Shivam RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petitioner's application for regular bail subject to specified conditions.
Summary
Shivam Raj was arrested in connection with a case involving alleged offences under the Bharatiya Nyaya Sanhita, the Arms Act and the NDPS Act, with a seizure of brown sugar, a pistol and live cartridges. He petitioned for regular bail, asserting his innocence, clean antecedent and pointing to the earlier grant of bail to co‑accused in a similar case. The State opposed the bail on the seriousness of the charges. The Court, considering the nature of the allegations, the duration of his custody, his clean record and the precedent of bail to co‑accused, allowed the bail application. The bail was conditioned on a Rs.10,000 bond with two sureties, monthly police station attendance, regular trial appearance and verification of his antecedent.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act
- Whether the petitioner’s clean antecedent and the grant of bail to co‑accused warrant bail in this case
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 111(2)(b), 111(3), 111(4), 310(4), 310(5)
- NDPS Act — s. 21(b), 29, 8(c)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- NDPS Act
- clean antecedent
- bail conditions
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13702 of 2026
Arising Out of PS. Case No.-442 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Shivam Raj @ Shivam Ram S/O Saroj Singh R/O Vill.- Laheriyaganj, P.S.-
Madhubani Town, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh
For the Opposite Party/s : Mr. Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Rajnagar P.S. Case No. 442 of 2025 registered for the offence
punishable under Sections 310(4), 310(5), 111(2)(b), 111(3) and
111(4) of Bharatiya Nyaya Sanhita; Sections 25(1-b)a, 26 and
35 of the Arms Act and Sections 8(c), 21(b) and 29 of the NDPS
Act.
3. As per the prosecution case, a total quantity of
95.91 grams of brown sugar, along with illegal firearms and live
cartridges, was recovered from the accused persons, including
the petitioner. Specifically, one country-made pistol, one live
cartridge, and 30 grams of brown sugar were recovered from the
petitioner.
Patna High Court CR. MISC. No.13702 of 2026(3) dt.10-04-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 11.10.2025 and has clean
antecedent. It is further submitted that similarly situated co-
accused persons have already been granted regular bail by this
Court on 26.03.2026 in Cr. Misc. No. 15839 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Having regard to the facts and circumstances of the
case, the nature of allegation, the period of custody of the
petitioner, and the fact that similarly situated co-accused persons
have already been granted bail, this application for regular bail
is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Rajnagar P.S. Case
No. 442 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Madhubani Town Police
Station on the first Sunday of each month.
Any default in appearance at the Police
Station would result in cancellation of bail
Patna High Court CR. MISC. No.13702 of 2026(3) dt.10-04-2026
3/3
bond of the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
for purpose of or in the name of verification.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…