Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail in the present case.
Summary
Shivam Kumar was arrested in connection with a case under sections 25(1‑b)a and 26 of the Arms Act after a pistol was allegedly recovered from his possession. The petitioner claimed innocence, asserted that no weapon was seized from him, and highlighted procedural violations, including the failure to prepare a seizure list and non‑compliance with Section 105 of the B.N.S.S. He also pointed out his clean criminal record and that he had been in judicial custody since 1 October 2025. The State opposed the grant of regular bail. After hearing both sides, the court found merit in the petitioner's arguments, particularly the procedural lapses and lack of antecedents, and ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The order was directed to be complied with by the Judicial Magistrate of First Class, Motihari.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under sections 25(1‑b)a and 26 of the Arms Act
- Whether procedural lapses in the seizure (absence of seizure list and non‑compliance with Section 105 of B.N.S.S.) affect the bail decision
Legislation cited
Subjects
- bail
- Arms Act
- procedural lapse
- seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89614 of 2025
Arising Out of PS. Case No.-480 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Shivam Kumar Son of Sanjeev Kumar Dubey village -Badaharawa, P.S.
-Turkauliya District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 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-b)a
and 26 of the Arms Act.
3. The case of the prosecution is that from the
possession of this petitioner, one country made pistol was
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 nothing has been
recovered from the possession of the petitioner. There is no
independent witness of the seizure list rather they are police
Patna High Court CR. MISC. No.89614 of 2025(2) dt.15-01-2026
2/2
personnel. Police has not followed Section 105 of B.N.S.S.
while making seizure. A statement has been made in para-3 of
this petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
01.10.2025.
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
Turkauliya P.S. Case No. 480 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 J.M.F.C, Motihari, East
Champaran.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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