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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted despite alleged seizure irregularities and the petitioner’s antecedents, subject to a bond and sureties.

Summary

Shivam Kumar was arrested in Nawada on charges under Sections 25(1‑B)(a) and 26 of the Arms Act after a pistol and a mobile phone were allegedly recovered from his possession. The petitioner claimed innocence, alleging that the police had entrapped him at a birthday party and that the seizure was not made in compliance with Section 105 of the BNSS, and that nothing was actually recovered from him. The State opposed bail, pointing to two prior criminal cases against the petitioner. After hearing both sides, the court considered the procedural irregularities, the petitioner’s custody since 24‑10‑2025, and his antecedents, and decided to grant bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties of equal amount, to be approved by the learned ACJM‑I, Nawada.

Issues considered

  • Whether bail should be granted to the petitioner under the Arms Act offences.
  • Whether the seizure of the alleged weapon and mobile phone complied with Section 105 of the BNSS.
  • Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • Section 105 BNSS
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86698 of 2025
                 Arising Out of PS. Case No.-451 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Shivam Kumar Son of Sanjay Singh R/o Village - Nandpur, P.S. - Nardiganj,
                 Dist. - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. N.K. Agrawal, Sr. Advocate
                                                 Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   12-02-2026                   Heard Mr. Kumar Rajdeep, learned counsel for the

                   petitioner and Mr. Mithlesh Kumar, learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Muffasil P.S. Case No. 451 of 2025 registered for the

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

                   Act.

                                 3. The case of the prosecution in short is that from the

                   possession of this petitioner, one country made pistol and a

                   mobile phone was recovered.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the
           Patna High Court CR. MISC. No.86698 of 2025(5) dt.12-02-2026
                                                       2/2




                     possession of this petitioner. Actually, the petitioner has gone to

                     celebrate a birthday party, wherein the police has trapped the

                     petitioner and planted this case. He also submits that nothing

                     has been recovered from the possession of this petitioner. The

                     witness of the seizure list are police personnel and the police has

                     not complied with Section 105 of the BNSS, while making the

                     seizure. He further submits that the petitioner is languishing in

                     judicial custody since 24.10.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of two cases.

                                  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 enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     A.C.J.M.-I, Nawada in connection with Muffasil P.S. Case No.

                     451 of 2025.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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