Shivji Singh @ Shiv Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40943 of 2026 Arising Out of PS. Case No.-107 Year-2026 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Shivji Singh @ Shiv Narayan Singh S/O Nagendra Singh @ Narvedshwar Singh R/O Village- Kasap, P.S- Udwant Nagar, Distict- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-06-2026 Heard Mr. Ranjeet Kumar Singh, learned counsel for the petitioner and Mr. Rajiv Nayan, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 13.04.2026, in connection with Udwant Nagar P.S. Case No. 107 of 2026, F.I.R. dated 02.03.2026 registered for the offences punishable under Sections 25(1-B)a. 26, 36 of the Arms Act.

3. The case relates to recovery of one desi rifle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. From perusal of the F.I.R. it appears that the date of occurrence as alleged in the F.I.R. is 01.02.2026 but the present F.I.R. was instituted on 02.03.2026 after delay of about one month afterthought only to falsely implicate the petitioner and apart from aforesaid recovery has been made from the

Patna High Court CR. MISC. No.40943 of 2026(2) dt.30-06-2026 2/3 house of co-accused person. As per allegation in the F.I.R. the petitioner fled away from the house of co-accused persons. Learned counsel for the petitioner further submits that no independent witness has supported the case of the prosecution and there is non compliance of Sections 103(4) of the B.N.S.S. and the petitioner is in custody since 13.04.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara, Bhojpur in connection with Udwant Nagar P.S. Case No. 107 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.40943 of 2026(2) dt.30-06-2026 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T