Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86698 of 2025 Arising Out of PS. Case No.-451 Year-2025 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Shivam Kumar Son of Sanjay Singh R/o Village - Nandpur, P.S. - Nardiganj, Dist. - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-02-2026 Heard Mr. Kumar Rajdeep, learned counsel for the petitioner and Mr. Mithlesh Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Muffasil P.S. Case No. 451 of 2025 registered for the offence punishable under Sections 25(1-B) (a), 26 of the Arms Act.

3. The case of the prosecution in short is that from the possession of this petitioner, one country made pistol and a mobile phone was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the

Patna High Court CR. MISC. No.86698 of 2025(5) dt.12-02-2026 2/2 possession of this petitioner. Actually, the petitioner has gone to celebrate a birthday party, wherein the police has trapped the petitioner and planted this case. He also submits that nothing has been recovered from the possession of this petitioner. The witness of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS, while making the seizure. He further submits that the petitioner is languishing in judicial custody since 24.10.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of two cases.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Nawada in connection with Muffasil P.S. Case No. 451 of 2025.

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