Shivam Shibu Roy @ Shivam Sibu Roy @ Shivam Sibu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22556 of 2025 Arising Out of PS. Case No.-15 Year-2024 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Shivam Shibu Roy @ Shivam Sibu Roy @ Shivam Sibu Ray, Male, aged about 20 years, S/o Shibu Roy, R/O village- Sonpur, P.S.- Sakatpur, District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in a case registered for the offence punishable under Section 25(1-B)a, 26, 27 and 35 of the Arms Act.
3. As per allegation in the FIR, it is a case of recovery of some arms from the possession of other co-accused.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that nothing has been recovered from the possession of the petitioner, he has got clean antecedent as stated in para-3 of the petition and he is in custody sine 24.12.2024.
5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.22556 of 2025(2) dt.23-04-2025 2/2 regular bail of the petitioner.
6. On perusal of the first information report and impugned order dated 27.02.2025, it appears that one loaded pistol was recovered from the possession of arrested co-accused, namely, Sumit Chaudhary and petitioner was not arrested on the spot and his name figured from the arrested co-accused. Petitioner has surrendered in the court on 24.12.2024 and he has got clean antecedent as stated in para-3 of the petition, so considering all aspects of the material, I am inclined to grant bail to the petitioner.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Jhanjharpur, Madhubani in connection with Bhairabsthan P.S. Case No. 15 of 2024. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T