Patna High Court

Shankar VishwakarmaversusThe State of Bihar

Decided: 10 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Shankar Vishwakarma was arrested in a case alleging illegal arms manufacturing under sections 25(1‑AA), 25(1‑B)(I), 26(2) and 35 of the Arms Act, after police seized material from his house. The petitioner claimed he had no possession of the seized items, that the house was jointly owned with Krishna Vishwakarma who had fled, and that the seizure violated Section 105 of the BNSS. He also highlighted that Krishna had been granted anticipatory bail, he had no prior criminal record, and he had been in judicial custody since 14‑06‑2025. The State opposed regular bail. After hearing both sides, the High Court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the Arms Act offences.
Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure of material warrants bail.
Whether the grant of anticipatory bail to a co‑accused influences the petitioner's bail application.
Whether the petitioner’s lack of prior criminal record and length of pre‑trial detention justify bail.

Legislation cited

Arms Act — s. 25(1-AA), 25(1-B)(I), 26(2), 35
BNSS — s. 105

Subjects

bail
Arms Act
illegal arms manufacturing
seizure procedure
anticipatory bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75772 of 2025
                      Arising Out of PS. Case No.-101 Year-2025 Thana- CHIKSAUR District- Nalanda
                 ======================================================
                 Shankar Vishwakarma S/O Late Raju Vishwakarma Resident of Village -
                 Chiksaura, P.S. - Chiksaura, District - Nalanda



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shyamal Prakash, Advocate
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   10-02-2026                        Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 25(1-AA),

                   25(1-B) (I), 26(2) and 35 of the Arms Act.

                                3. The case of the prosecution is that the informant

                   has got secret information that at the village Chaksaura bazar,

                   the petitioner and one Krishna Vishwakarma were making

                   illegal arms at their house. At this input, the police searched

                   the house and it is alleged that Krishna Vishwakarma managed

                   to flee from there whereas this petitioner was apprehended and

                   below the staircase of the house, huge amount of materials
Patna High Court CR. MISC. No.75772 of 2025(3) dt.10-02-2026
                                            2/3




          used for making illegal arms were recovered.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that the house is joint

          house of Krishna and this petitioner. Learned counsel has

          further submitted that nothing has been recovered from his

          conscious possession. He has also submitted that the witnesses

          of the seizure list are police personnel and the police has not

          complied Section 105 of BNSS while making the seizure. He

          has further submitted that Krishna Vishwakarma has been

          granted anticipatory bail by learned trial court itself. Moreover,

          the petitioner is languishing in judicial custody since

          14.06.2025 and he is having no criminal antecedent.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Chiksaura P.S. Case No. 101 of 2025 on furnishing bail bond

          of Rs.10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Additional Chief
            Patna High Court CR. MISC. No.75772 of 2025(3) dt.10-02-2026
                                                        3/3




                      Judicial Magistrate-I, Hilsa (Nalanda).



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T

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