Kariyawa @ Indradev Singh @ Shashi Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16293 of 2026 Arising Out of PS. Case No.-137 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Kariyawa @ Indradev Singh @ Shashi Bhushan Singh S/o Ram Bachan Singh Resident of Village- Tetriya, P.S.- Udwantnagar, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Udwantnagar P.S. Case No. 137 of 2025 instituted for the offence under Sections 25(1-b)a, 26 & 35 of the Arms Act. Earlier vide order dated 04.08.2025, passed in Cr. Misc. No. 46415 of 2025, anticipatory bail of the petitioner was rejected by a Co-ordinate Bench of this Court.

3.

Prosecution case in short is that there is recovery of one country made pistol and five cartridges from the possession of the co-accused.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.08.2025. Petitioner

Patna High Court CR. MISC. No.16293 of 2026(2) dt.13-03-2026 2/3 bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner has no concern with the recovered arms. Nothing has been recovered from the conscious possession of the petitioner. From perusal of the FIR, it would manifest that recovery is made from the possession of coaccused. Learned counsel next submits that police after investigation has already submitted charge sheet in this case. There is no compliance of Section 103 of the BNSS, 2023. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udwantnagar P.S. Case No. 137 of 2025,

Patna High Court CR. MISC. No.16293 of 2026(2) dt.13-03-2026 3/3 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T