Shivam Kumar @ Shivam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83490 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Shivam Kumar @ Shivam Kumar Singh, S/O Satyendra Singh, Resident of Village- Dangraha, PS- Mejarganj, Dist.- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking regular bail in connection with Raxaul P.S. Case No. 43 of 2024 registered for the offences punishable under Sections 25(1-b)a, 26, 27 and 35 of the Arms Act. He is in custody since 18.02.2024. The petitioner has got one criminal antecedent.

3. Learned counsel for the petitioner submits that as per the prosecution story, on 17.02.2024, the police in course of investigation in Sugauli P.S. Case No. 65 of 2024 had taken confessional statement of Saurav Kumar, Shivam Kumar (petitioner) and Shravan Kumar in which they accepted their involvement in the said case and said that on the instruction of Vishal Kumar Singh, they committed the offence as also they said that Vishal Kumar Singh had provided them arms.

Patna High Court CR. MISC. No.83490 of 2024(2) dt.20-12-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is in custody in connection with this case since 18.02.2024.

5. Learned counsel submits that the pistols and live cartridges were allegedly recovered from the house of coaccused Vishal Kumar Singh and not from this petitioner.

6. Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

7. Having regard to the submission that the pistols and live cartridges have been recovered from the house of the coaccused Vishal Kumar Singh and not from this petitioner, the petitioner has got one criminal antecedent in connection with which he is already in custody and so far as this case is concerned, he has remained in custody for more than 10 months, investigation against him is complete, the chargesheet has already been filed, he is a student of Engineering as claimed, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari, East Champaran in connection with Raxaul P.S. Case No. 43 of 2024,

Patna High Court CR. MISC. No.83490 of 2024(2) dt.20-12-2024 3/3 subject to the condition as laid down under Section 437 (3) Cr.P.C.

8. 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 antecedent, the court below shall take steps 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.

9. This application is allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T