Patna High Court
Shambhu Rai @ Shambhu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Arms Act — s. 25(1-B)a, 26(1), 35
- B.N.S., 2023 — s. 173, 174, 2(1)(d), 3(5), 482(2)
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
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