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Patna High Court

Kariyawa @ Indradev Singh @ Shashi Bhushan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                     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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