Patna High CourtCR. MISC./89614/2025allowed

Shivam Kumar v. The State Of Bihar

2026-01-15Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89614 of 2025 Arising Out of PS. Case No.-480 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Shivam Kumar Son of Sanjeev Kumar Dubey village -Badaharawa, P.S. -Turkauliya District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-01-2026 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-b)a and 26 of the Arms Act.

3. The case of the prosecution is that from the possession of this petitioner, one country made pistol was 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 nothing has been recovered from the possession of the petitioner. There is no independent witness of the seizure list rather they are police

Patna High Court CR. MISC. No.89614 of 2025(2) dt.15-01-2026 2/2 personnel. Police has not followed Section 105 of B.N.S.S. while making seizure. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.10.2025.

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 Turkauliya P.S. Case No. 480 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 J.M.F.C, Motihari, East Champaran.

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