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Patna High Court

Shivam VishwakarmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to bond and sureties, under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Shivam Vishwakarma, was implicated in a murder case (PS Case No. 33 of 2024) for allegedly supplying a country‑made pistol and live cartridge to co‑accused Gulshan Yadav, who later confessed to the murder. The petitioner argued that the informant was not an eye‑witness and that the case rested on circumstantial evidence, further noting that the co‑accused were acquitted by the trial court for lack of evidence. The prosecution relied on Gulshan Yadav’s confession to assert the petitioner’s involvement in supplying illegal arms. The court observed that the petitioner was not present in the vehicle where the crime occurred, had a clean antecedent, and that the primary accused had been acquitted. Consequently, the court granted bail to the petitioner on a bond of Rs. 10,000 with two sureties, invoking Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether bail should be granted to the petitioner accused of supplying illegal arms in connection with a murder case.
  • Whether the allegations based on circumstantial evidence and a co‑accused’s confession justify continued detention.
  • Whether the petitioner’s clean antecedent and the acquittal of co‑accused warrant bail.

Legislation cited

Subjects

  • bail
  • illegal arms
  • circumstantial evidence
  • confession
  • Indian Penal Code
  • Criminal Procedure Code
  • clean antecedent
  • acquittal
  • inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No. 56061 of 2024
                  Arising Out of PS. Case No.-33 Year-2024 Thana- MOHAMMADPUR District- Gopalganj
                 ======================================================
                 Shivam Vishwakarma Son of Lalji Vishwakarma @ Laljee Vishvakarma R/o -
                 khartabpur, P.S.- Sarpataha, Dist- jaunpur, Uttar Pradesh. ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. N.K. Agrawal, Sr. Advocate
                                                Mr.Md Fazle Karim, Advocate
                 For the Opposite Party/s :     Mr.Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   04-02-2026                   Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                  2. The accused/petitioner apprehending his arrest in

                   connection with Mohammadpur P.S. Case No.                     33 of 2024

                   registered for the offences punishable under Sections 302, 201

                   and 34 of the Indian Penal Code.

                                 3. As per FIR, a female dead body was found from a

                   wheat field by the informant who is a local chaukidar.

                                 4. Mr. N.K. Agrawal, learned senior counsel, while

                   arguing for the petitioner submitted that the informant being local

                   chaukidar is not the eye-witness of the occurrence and, therefore,

                   the allegation completely raised upon circumstantial evidence. It is

                   submitted that in course of investigation one Gulshan Yadav was

                   arrested, who in his confession stated that this petitioner supplied
Patna High Court CR. MISC. No. 56061 of 2024(5) dt.04-02-2026
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          a country made pistol and live cartridge to him while he was in

          vehicle alongwith Pawan Kumar deceased and Ramesh Yadav and

          he subsequently with same country made pistol committed

          murder. It is submitted that even confession be taken into

          consideration, the maximum allegation against petitioner is of

          supplying illegal arms to the main accused Gulshan Yadav. It is

          pointed out by Mr. Agrawal that admittedly the petitioner was not

          in vehicle, where crime in question took place.

                       5. Arguing further, Mr. Agrawal submitted that after

          trial,   apprehended co-accused persons, namely Pawan Kumar,

          Gulshan Yadav and Ramesh Yadav were acquitted by learned trial

          court in want of evidence. It is submitted that this petitioner is a

          student of B. Pharma and sending him jail shall not serve any

          purpose of justice and, moreover, investigation of this case on all

          material aspects has already concluded qua other accused persons,

          namely, Pawan Kumar, Gulshan Yadav and Ramesh Yadav.

                       6. Learned APP while opposing the prayer of bail

          submitted that as per confession this petitioner supplied country

          made pistol and live cartridge to co-accused Gulshan Yadav, who

          confessed to commit murder.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as maximum allegation which appears against
              Patna High Court CR. MISC. No. 56061 of 2024(5) dt.04-02-2026
                                                          3/3




                        petitioner to supply one country made pistol, where admittedly this

                        petitioner was not present in the vehicle, where occurrence took

                        place in terms of ever confession coupled with the fact that

                        petitioner is a man of clean antecedent, accordingly, above named

                        petitioner, in the event of his arrest or surrender before the

                        learned trial Court, within a period of four weeks of the order, is

                        directed to be released on bail furnishing bail bond of Rs. 10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount each

                        to     the      satisfaction       of     the         learned   A.C.J.M.-XIV,

                        Gopalganj/concerned Court, where the case is pending in

                        connection with Mohammadpur P.S. Case No. 33 of 2024 subject

                        to the conditions as laid down under Section 482(2) of the BNSS.



                                               (Chandra Shekhar Jha, J)
veena/-

U         T


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