Shankar Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75772 of 2025 Arising Out of PS. Case No.-101 Year-2025 Thana- CHIKSAUR District- Nalanda ====================================================== Shankar Vishwakarma S/O Late Raju Vishwakarma Resident of Village - Chiksaura, P.S. - Chiksaura, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-AA), 25(1-B) (I), 26(2) and 35 of the Arms Act.

3. The case of the prosecution is that the informant has got secret information that at the village Chaksaura bazar, the petitioner and one Krishna Vishwakarma were making illegal arms at their house. At this input, the police searched the house and it is alleged that Krishna Vishwakarma managed to flee from there whereas this petitioner was apprehended and below the staircase of the house, huge amount of materials

Patna High Court CR. MISC. No.75772 of 2025(3) dt.10-02-2026 2/3 used for making illegal arms were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the house is joint house of Krishna and this petitioner. Learned counsel has further submitted that nothing has been recovered from his conscious possession. He has also submitted that the witnesses of the seizure list are police personnel and the police has not complied Section 105 of BNSS while making the seizure. He has further submitted that Krishna Vishwakarma has been granted anticipatory bail by learned trial court itself. Moreover, the petitioner is languishing in judicial custody since 14.06.2025 and he is having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chiksaura P.S. Case No. 101 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.75772 of 2025(3) dt.10-02-2026 3/3 Judicial Magistrate-I, Hilsa (Nalanda).

(Ashok Kumar Pandey, J) Shubham/- U T