Patna High Court
Shivam Kumar @ Vikram @ LaluversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Shivam Kumar applied for anticipatory bail fearing arrest in a case (P.S. Case No. 368 of 2025) involving bomb attacks during an examination at B.N. College, Patna, which resulted in a student’s death. He is charged under Sections 109(1), 103(1), 3(5) of the B.N.S., 2023 and Sections 3 and 4 of the Explosive Substance Act, based primarily on a confessional statement of co‑accused Shubhankar Kumar. The petitioner contended he was a student at the time, had no involvement, and that no material other than the confessional statement linked him to the crime; a prior bail order for the co‑accused highlighted the lack of substantive evidence. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted when the only evidence against the petitioner is a co‑accused’s confessional statement.
- Whether the petitioner’s alleged presence as a student during the incident negates participation in the alleged offence.
- Whether a prior criminal antecedent precludes the grant of anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 103(1), 109(1), 3(5)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- bomb attack
- explosive substance act
- confessional statement
- lack of evidence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19829 of 2026
Arising Out of PS. Case No.-368 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Shivam Kumar @ Vikram @ Lalu S/O Birendra Sharma R/O Mohalla-
Rajabazar, P.S- Nagar Jehanabad, Distt. and Town- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
Mr. Sjivendu Shekhar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Pirbahore P.S. Case No. 368 of 2025 instituted
for the offence under Sections 109(1), 103(1), 3(5) of the
B.N.S., 2023 and Sections 3 and 4 of the Explosive Substance
Act.
3. The case of the prosecution, in short, is that during
examination being conducted in B.N. College, Patna, some
miscreants hurled bombs and one student got injured who, later
on, succumbed to his injuries. The name of this petitioner has
transpired during the course of investigation in the confessional
Patna High Court CR. MISC. No.19829 of 2026(2) dt.24-04-2026
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statement of co-accused Shubhankar Kumar @ Saurav Kumar.
4. Learned counsel appearing on behalf of the petitioner
submits that the petitioner is innocent and has committed no
offence and has been falsely implicated in the present case. It is
further submitted that, on the alleged date of occurrence, the
petitioner was appearing in an examination at B.N. College,
Patna, and is a student. Learned counsel further submits that a
co-accused, namely, Shubhankar Kumar, who has named the
present petitioner, has already been granted bail by a learned
coordinate Bench of this Court vide Cr. Misc. No. 64204 of
2025, holding that there is a lack of substantive material
connecting the petitioner with the occurrence. It is further
submitted that the only allegation is that some miscreants hurled
bombs, however, no one has witnessed the occurrence and save
and except the confessional statement, there is no material
against the petitioner.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner and submits that the
petitioner has criminal antecedent of one case.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
Patna High Court CR. MISC. No.19829 of 2026(2) dt.24-04-2026
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is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Pirbahore P.S. Case No. 368 of 2025, he will
be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Chief Judicial Magistrate, Patna
subject to the conditions as laid down under section 482(2) of
the B.N.S.S.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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