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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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