Shivam Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13077 of 2026 Arising Out of PS. Case No.-130 Year-2025 Thana- MAHESHKHUNT District- Khagaria ====================================================== Shivam Kumar @ Chhotu Kumar S/o Rabindra Yadav Resident of VillageBihari Marar Tola, Tikarampur, P.S.- Muffasil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-02-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Maheshkhunt P.S. Case no. 130 of 2025 registered under sections 25(1-AA), 26 and 35 of the Arms Act.

3. As per the prosecution case, on a raid being conducted, two country made 9 MM pistols along with four magazine and two live cartridges were recovered from the possession of co-accused Rakesh Kumar Yadav and Gulshan Kumar. The informant further states that on interrogation, the accused who were caught disclosed that they have purchased the arms from the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. He has no concern either with the

Patna High Court CR. MISC. No.13077 of 2026(2) dt.26-02-2026 2/2 seized articles or with the coaccused Rakesh Kumar Yadav and Gulshan Kumar. The only material against him is the statement of the co-accused made before the police who have both been enlarged on bail vide orders brought on record as Annexure-2 to the petition. The petitioner has no criminal antecedent and is in custody since the 11.12.2025.

5. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, no incriminating article having been recovered from his possession and the name of the petitioner having transpired in the statement of the two co-accused who have themselves been enlarged on bail, the petitioner having remained in custody since 11.12.2025 and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Maheshkhunt P.S. Case no. 130 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 S.D.J.M., Khagaria. (Partha Sarthy, J) Bibhash/- U T