Created by Fuzzy Cloud

Patna High Court

Shambhu Rai @ Shambhu RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to bond and conditions.

Summary

Shambhu Rai was named in an FIR for alleged possession of a desi pistol and 11 live cartridges recovered during a police raid on his house in the election period. He contended that he was not present at the time of the raid, that the case was filed out of political revenge, and that his criminal record is clean. The State opposed his anticipatory bail, arguing that the arms were not recovered from his conscious possession. The Court examined the facts, the applicability of Sections 173, 174 & 3(5) of the B.N.S., 2023 and relevant provisions of the Arms Act, and considered the petitioner's claim of innocence. It granted anticipatory bail subject to a Rs.30,000 bond and conditions under Section 2(1)(d) and Section 482(2) of the B.N.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the B.N.S., 2023 in view of the alleged arms possession.
  • Whether the recovery of arms not from the petitioner's conscious possession justifies denial of bail.
  • Whether allegations of political revenge affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • arms possession
  • political revenge
  • criminal procedure
  • B.N.S. 2023
  • Arms Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17269 of 2026
                     Arising Out of PS. Case No.-195 Year-2025 Thana- MATIHANI District- Begusarai
                 ======================================================
                 Shambhu Rai @ Shambhu Ray S/O Ramakant Rai R/O Village- Chakballi
                 Diyara, Ward No.5, P.S.- Matihani, District- Begusarai
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Binod Kumar, Adv.
                                                  Mr.Chitranjan Kumar, Adv.
                                                  Mr.Amit Prakash, Adv.
                 For the Opposite Party/s:        Mr.Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   06-05-2026                          Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Matihani P.S. Case No.195 of 2025 lodged on 27.10.2025,

                   for the offences punishable under Sections 173, 174 & 3(5) of

                   the B.N.S., 2023 read with Sections 25(1-B)a/26(1)/35 of the

                   Arms Act.

                                3. As per the prosecution, FIR has been lodged against

                   two named accused persons including the present petitioner with

                   allegation that during the election period, the police executed

                   raid at the house of the petitioner then from his house, one desi

                   pistol and 11 live cartridges have been recovered along with

                   other materials.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that from the content of FIR, it becomes crystal
           Patna High Court CR. MISC. No.17269 of 2026(3) dt.06-05-2026
                                                       2/2




                     clear that due to political revenge, the case has been lodged

                     against the petitioner. He further submits that the petitioner and

                     his brother both were named. From the spot, his brother was

                     caught. He further submits that the petitioner was not present at

                     his house.

                                  5. Counsel submits that the criminal antecedent of the

                     petitioner is clean and ready to fulfill all the conditions

                     whatsoever shall be imposed him.

                                  6. Learned APP for the State opposes the prayer for

                     bail of the petitioner and submits that recovery of the arms has

                     not been made from conscious possession of the petitioner.

                                  7. As such, in the present facts and circumstances of

                     this case, let the above named petitioner be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction      of    J.M.-1st        Class-cum-A.M.,   Begusarai   in

                     connection with Matihani P.S. Case No.195 of 2025, subject to

                     the conditions as laid down U/s 482(2) of the BNSS, 2023.



                                                               (Dr. Anshuman, J)
Prakashmani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.