Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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