Girwar @ Girvar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22777 of 2026 Arising Out of PS. Case No.-418 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Girwar @ Girvar S/o Late Tilak Ram @ Tilak Singh RO Village- Balrampur, PS- Nigohi, District- Shahjahanpur, UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Kalyanpur P.S. Case No. 418 of 2025, registered for the offences under Sections 303(2) of the BNS and Sections 25(1-b)a, 26 of the Arms Act.

3. As per the prosecution case, while conducting raid in connection with Baheda P.S. Case No. 453 of 2025 and Baheda P.S. Case No. 449 of 2025, police cordoned off an identified place on receipt of information about accused persons staying there. A person tried to run away on seeing the police party but he was apprehended after chase and from his possession a country made katta and four live cartridges were recovered. At the instance of this petitioner further recovery of

Patna High Court CR. MISC. No.22777 of 2026(3) dt.15-07-2026 2/3 500 gm silver like substance was made which was kept in plastic box and concealed beneath the surface.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Nothing incriminating has been recovered from person or possession of the petitioner. The allegedly recovered firearms and ammunitions are planted and no silver was recovered at the instance of this petitioner. The petitioner is having antecedent of three cases but in all these cases the petitioner has been named after his implication in the present case. The petitioner has no criminal antecedent. Petitioner is in custody since 14.12.2025 and charge sheet has been submitted.

5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner is a resident of District Shahjahanpur, U.P. and his presence at this spot is unexplained.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the period of custody of the petitioner and his submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

Patna High Court CR. MISC. No.22777 of 2026(3) dt.15-07-2026 3/3 Only) each with two sureties of the like amount each to the satisfaction of learned CJM, Samastipur/concerned court, in connection with Kalyanpur P.S. Case No. 418 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a deponent of the present case and another bailor will be one of the local persons.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T