Shibu Kumar @ Sindhu Raj Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88141 of 2025 Arising Out of PS. Case No.-529 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1.
Shibu Kumar @ Sindhu Raj Ram S/o Shriniwas Ram @ Gulchand Ram Resident of vill- Naina, P.S- Muffasil, Distt.- Saran, Bihar 2.
Vishal Kumar Ram @ Vishal Kumar S/o Late Krishna Ram @ Late Kalika Ram Resident of vill- Naina, P.S- Muffasil, Distt.- Saran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Shweta Anand, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-01-2026
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Bhagwan Bazar P.S. Case no.529 of 2025 registered under sections 25(1-b)A, 26 and 35 of Arms Act.
3. The prosecution case pertains to recovery of a country-made pistol concealed in the rear body of the vehicle, which was intercepted during regular checking on the basis of its registration number.
4. Learned counsel for the petitioners submits that it would be evident from the F.I.R itself that upon interception of the vehicle by the police, one Umesh Kumar was apprehended
Patna High Court CR. MISC. No.88141 of 2025(2) dt.15-01-2026 2/3 on the spot and the recovery of a country-made pistol was made in his presence. So far as present petitioners are concerned, there is only vague allegation that two persons had jumped out and fled away and were subsequently named by co-accused Umesh Kumar. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.S.S. The petitioners have no criminal antecedent and undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering that name of the petitioners have transpired on the confessional statement of coaccused made before police which has no evidentiary value and there is no independent witness to the seizure list, it is directed that the petitioners, above named, having no criminal antecedent in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bhagwan Bazar P.S. Case no.529 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.88141 of 2025(2) dt.15-01-2026 3/3 each to the satisfaction of the learned Court concerned where the case is pending/successor Court subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that he shall co-operate in the investigation/trial.
(Soni Shrivastava, J) Harsh/- U T