Patna High Court
Shivam Kumar Chaudhary @ Shivam Chaudhri @ Shivam Chodhary @ Shivam Kumar CoudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Arms Act — s. 25(1-B)(a), 26, 35
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
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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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