Shivchandra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13404 of 2026 Arising Out of PS. Case No.-177 Year-2025 Thana- GANGABRIDGE District- Vaishali ====================================================== Shivchandra Kumar, Son of Hira Sharma, R/o Village- Saifpur ward no. 4, P.S.- Gangabridge, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Bela Singh, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Gangabridge P.S. Case no.177 of 2025, registered under sections 25(1-A), 25(1-AA), 25(1-B)(a), 26 and 35 fo the Arms Act.
3. As per the prosecution case, seeing the police personnel while the accused persons made an attempt to escape, two persons including the petitioner herein were caught. It is further stated that on search being conducted in the house of co-accused Sonu Kumar large number of incriminating articles used in the manufacture of arms etc. were recovered. It is further stated that on enquiry the petitioner and the co-accused Sonu Kumar disclosed that they are into manufacture and sale of illegal arms.
Patna High Court CR. MISC. No.13404 of 2026(2) dt.12-03-2026 2/3
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. Even from the contents of the F.I.R. it would transpire that the alleged seizure is from the house of co-accused Sonu Kumar. The petitioner has no criminal antecedent and is in custody since 3.11.2025. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., no incriminating article having been recovered from the petitioner's possession or from his house, his being in custody for more than 4 months since 3.11.2025 and especially the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Gangabridge P.S. Case no.177 of 2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Vaishali at Hajipur on the following condition :- (I) In case the statement with respect to the petitioner not having any criminal antecedent is found to be incorrect, the
Patna High Court CR. MISC. No.13404 of 2026(2) dt.12-03-2026 3/3 prosecution will have the liberty to move this Court for cancellation of bail granted to the petitioner. (Partha Sarthy, J) avinash/- U T