Shivji Singh @ Shiv Narayan SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40943 of 2026
                   Arising Out of PS. Case No.-107 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
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                 Shivji Singh @ Shiv Narayan Singh S/O Nagendra Singh @ Narvedshwar
                 Singh R/O Village- Kasap, P.S- Udwant Nagar, Distict- Bhojpur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                    Heard Mr. Ranjeet Kumar Singh, learned counsel for

                   the petitioner and Mr. Rajiv Nayan, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   13.04.2026, in connection with Udwant Nagar P.S. Case No.

                   107 of 2026, F.I.R. dated 02.03.2026 registered for the offences

                   punishable under Sections 25(1-B)a. 26, 36 of the Arms Act.

                                3. The case relates to recovery of one desi rifle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. From perusal of the F.I.R. it appears that the date

                   of occurrence as alleged in the F.I.R. is 01.02.2026 but the

                   present F.I.R. was instituted on 02.03.2026 after delay of about

                   one month afterthought only to falsely implicate the petitioner

                   and apart from aforesaid recovery has been made from the
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          house of co-accused person. As per allegation in the F.I.R. the

          petitioner fled away from the house of co-accused persons.

          Learned counsel for the petitioner further submits that no

          independent witness has supported the case of the prosecution

          and there is non compliance of Sections 103(4) of the B.N.S.S.

          and the petitioner is in custody since 13.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries four more cases

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matter.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Chief Judicial Magistrate, Ara, Bhojpur in connection

          with Udwant Nagar P.S. Case No. 107 of 2026, subject to the

          following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and
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                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, 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.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T