Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Shivam Kumar was arrested on 22 November 2025 in connection with a case of alleged abduction under Sections 137(2), 140(4) and 3(5) of the BNS, 2023. The prosecution alleges that the petitioner, along with another accused, forcibly abducted a woman who later identified him as the perpetrator. The petitioner contended that the FIR is false, claiming a consensual secret meeting with the woman and asserting a clean criminal record. He applied for bail, arguing that the allegations are fabricated and that he has been in custody for over four months. The High Court, after hearing both sides, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation with the trial, appearance in court, and non‑tampering with evidence, while also directing verification of his antecedents.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under Sections 137(2), 140(4) and 3(5) of the BNS, 2023.
- Whether the petitioner poses a risk of tampering with evidence or witnesses.
- Whether the petitioner’s claim of a false FIR and clean antecedent warrants bail.
Legislation cited
- BNS, 2023 — s. 137(2), 140(4), 3(5)
Subjects
- bail
- abduction
- false FIR
- criminal antecedent
- BNS 2023
- Section 137
- Section 140
- Section 3
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18334 of 2026
Arising Out of PS. Case No.-71 Year-2025 Thana- SIMRA District- Aurangabad
======================================================
Shivam Kumar S/o- Ram Naresh Baghel @ Ram Naresh Resident of Village-
Imlia, P.S.- Bagchini, District- Muraina, Madhya Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Binod Kumar Pandey, learned counsel for
the petitioner and Mr. Ram Naresh Ray, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.11.2025 in connection with Simra P.S. Case No. 71 of 2025,
F.I.R. dated 22.11.2025 for the offences punishable under
Sections 137(2), 140(4) and 3(5) of the BNS, 2023.
3. According to prosecution case, the informant stated
that while she was doing household work at her home then two
accused persons including this petitioner came on bike and
forcibly abducted her. It is further alleged that the informant's
family members chased them and apprehended the petitioner
while the other co-accused managed to escape.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.18334 of 2026(2) dt.24-03-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. In fact, the petitioner was in
love with the victim and they have mutually decided to meet
each other secretly but after the lodging of the present FIR the
informant has narrated the false story against the petitioner. He
further submits that from perusal of the FIR it appears that the
informant who is also the victim of the case was with the
petitioner but when her family members chased them, then the
present FIR was lodged against the petitioner. The petitioner is
in custody since 22.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Aurangabad in connection with Simra P.S.
Case No. 71 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 step 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.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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