Patna High Court
Kariyawa @ Indradev Singh @ Shashi Bhushan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to a bond of Rs.15,000 and two sureties, with conditions of appearance and family surety.
Summary
The petitioner, Kariyawa @ Indradev Singh, was arrested in connection with an arms case (Sections 25(1‑b)a, 26 and 35 of the Arms Act) after a pistol and cartridges were recovered from a co‑accused. He has been in custody since 29‑08‑2025, claims no prior criminal record and asserts that the arms were not found in his possession, alleging false implication. An earlier anticipatory bail application was rejected, but a charge‑sheet has now been filed and the prosecution has not complied with Section 103 of the Bihar Narcotic and Psychotropic Substances Act, 2023. The court considered the length of custody, the filing of the charge‑sheet, the petitioner’s clean record and the lack of direct evidence linking him to the weapons. Accordingly, the court granted bail on the condition of a Rs.15,000 bond with two sureties and specific compliance requirements.
Issues considered
- Whether the petitioner is entitled to bail in offences under Sections 25(1‑b)a, 26 and 35 of the Arms Act given the circumstances of his arrest.
- Whether non‑compliance of Section 103 of the Bihar Narcotic and Psychotropic Substances Act, 2023, influences the grant of bail.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- Bihar Narcotic and Psychotropic Substances Act, 2023 — s. 103
Subjects
- bail
- Arms Act
- false implication
- charge sheet
- Section 103 BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16293 of 2026
Arising Out of PS. Case No.-137 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Kariyawa @ Indradev Singh @ Shashi Bhushan Singh S/o Ram Bachan
Singh Resident of Village- Tetriya, P.S.- Udwantnagar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Udwantnagar P.S. Case No. 137 of 2025 instituted for the
offence under Sections 25(1-b)a, 26 & 35 of the Arms Act.
Earlier vide order dated 04.08.2025, passed in Cr. Misc. No.
46415 of 2025, anticipatory bail of the petitioner was rejected
by a Co-ordinate Bench of this Court.
3. Prosecution case in short is that there is recovery of
one country made pistol and five cartridges from the possession
of the co-accused.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 29.08.2025. Petitioner
Patna High Court CR. MISC. No.16293 of 2026(2) dt.13-03-2026
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bears no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. It is submitted that petitioner has no concern with the
recovered arms. Nothing has been recovered from the conscious
possession of the petitioner. From perusal of the FIR, it would
manifest that recovery is made from the possession of co-
accused. Learned counsel next submits that police after
investigation has already submitted charge sheet in this case.
There is no compliance of Section 103 of the BNSS, 2023.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and charge sheet
being submitted, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Udwantnagar P.S. Case No. 137 of 2025,
Patna High Court CR. MISC. No.16293 of 2026(2) dt.13-03-2026
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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
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