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Patna High Court

Shivam Kumar Chaudhary @ Shivam Chaudhri @ Shivam Chodhary @ Shivam Kumar CoudhariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to strict conditions.

Summary

Shivam Kumar Chaudhary was arrested after a police raid recovered a country-made pistol and live cartridges, leading to charges under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner claimed he was falsely implicated due to a personal dispute with a police officer and asserted that the arms were planted, also stating he has no criminal antecedents. The State opposed bail, while the petitioner’s counsel sought release. The court, after considering the circumstances, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, imposing several conditions including regular appearances before the trial court and the Superintendent of Police. The order clarified that its observations would not affect the trial, and bail could be cancelled for non‑compliance or concealment of antecedents.

Issues considered

  • Whether bail should be granted to the accused in offences under the Arms Act (Sections 25(1‑B)(a), 26, 35) given the claim of false implication and lack of antecedents.
  • Whether the conditions imposed by the court are appropriate to ensure the accused’s attendance and prevent misuse of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • false implication
  • police raid
  • personal dispute
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76050 of 2025
                    Arising Out of PS. Case No.-196 Year-2025 Thana- KHANPURA District- Samastipur
                 ======================================================
                 Shivam Kumar Chaudhary @ Shivam Chaudhri @ Shivam Chodhary @
                 Shivam Kumar Coudhari S/o Hemanta Kumar Chaudhary @ Hemant Kumar
                 Chaudhry @ Hemanta Coudhari @ Hemanta Chaudhary R/o Village-
                 Gayghat, PS- Rosera, Distt- Samastipur
                                                                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhav Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   08-01-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Khanpur P.S. Case No. 196 of 2025, registered for the offences

                   punishable under Sections 25(1-B)(a), 26 and 35 of the Arms

                   Act.

                                3. As per the prosecution case, the police conducted a

                   raid and apprehended the petitioner and on search one

                   countrymade pistol along with two live cartridges were

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated on account of personal

                   dispute with the police officer namely Mukesh Kumar against

                   whom he had complained to the higher officials. It has also been

                   submitted that no such recovery has been made from the
Patna High Court CR. MISC. No.76050 of 2025(2) dt.08-01-2026
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          conscious possession of the petitioner, in fact, the police has

          planted such arms. The petitioner is in custody since 11.08.2025.

          It has lastly been submitted that the petitioner does not have any

          antecedent however one of the cases which is stated to be against

          him is again of false implication.

                        5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                        6. Considering the facts and circumstances of the case,

          the petitioner is directed to be released on bail on his furnishing

          bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Judicial Magistrate, First Class, Samastipur in connection with

          Khanpur P.S. Case No. 196 of 2025, subject to the following

          conditions:

                        (i) One of the bailors will be a close relative of the

          petitioner:

                        (ii) the petitioner will remain present on each and

          every date fixed by the trial court, if so required by the learned

          trial court:

                        (iii) in case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the petitioner

          will liable to be cancelled by the court concerned:

                        (iv) the court below shall verify the criminal
            Patna High Court CR. MISC. No.76050 of 2025(2) dt.08-01-2026
                                                        3/3




                      antecedent of the petitioner and in case at any stage, it is found

                      that the petitioner has concealed his criminal antecedent, the

                      court below shall take step for cancellation of bail bonds of the

                      petitioner. However, the acceptance of bail bonds in terms of the

                      above mentioned order shall not be delayed for purpose of the

                      same on in the name of verification;

                                   (v) in view of the antecedents of the petitioner, the

                      petitioner is directed to appear before the Superintendent of

                      Police Samastipur within fifteen days of his release with a copy

                      of this order and every two weeks thereafter for the next nine

                      months. The conduct of the petitioner will be kept under watch in

                      this period by the Superintendent of Police concerned and if it is

                      found wanting in any respect, a report shall be made to the court

                      concerned by him to initiate a proceeding for cancellation of bail

                      for reasons of misuse of bail. After reporting to the

                      Superintendent of Police, a certificate will be filed by the

                      petitioner before the court concerned;

                                   7. It is made clear that the observations, if any, made in

                      this order, shall be of no bearing during the trial.


                                               (Sourendra Pandey, J)
krishna/-

U       T


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