Patna High Court
Shivam KumarversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to payment of compensation and furnishing of bail bond and sureties.
Summary
The petitioner, Shivam Kumar, applied for regular bail in a case registered under Sections 126(2), 117(2), 118(2), 109(1) and 3(5) of the B.N.S., alleging that he was falsely implicated in a stabbing incident. The prosecution alleged that the accused stabbed the victim, while the petitioner’s counsel contended that another individual, Ritwik, was the actual assailant and that the petitioner has only one prior criminal antecedent. The petitioner offered to pay Rs. 50,000 to the victim for medical treatment and was prepared to furnish bail bonds and sureties. The State opposed the bail on the ground of the seriousness of the offences. After considering the facts, the court allowed the bail application, directing the petitioner to deposit the compensation amount and furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offences and his prior criminal antecedent
Legislation cited
- B.N.S. — s. 109(1), 117(2), 118(2), 126(2), 3(5)
Subjects
- bail
- regular bail
- criminal procedure
- compensation to victim
- sureties
- B.N.S. sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21567 of 2026
Arising Out of PS. Case No.-1323 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Shivam Kumar S/O Late Rajan Kumar Gupta @ Rajan Kumar Resident of
Mohalla -Bhawanipur Zirat, P.S- Chhatauni, District- East Champaran Bihar
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwari, Advocate
For the Opposite Party/s : Ms.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Motihari Town P.S. Case No. 1323/2025 registered for the
offences punishable under Sections 126(2), 117(2), 118(2),
109(1) and 3(5) of B.N.S.
3. As per the prosecution case, accused persons are
alleged to have stabbed the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that one Ritwik
has stabbed the victim and not the petitioner. Petitioner has one
criminal antecedent and he is in custody since 28.12.2025. The
petitioner undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.21567 of 2026(2) dt.06-04-2026
2/2
5. Learned counsel for the petitioner without
accepting the guilt is ready to pay Rs. 50,000/- to the victim for
his treatment.
6. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
7. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, East
Champaran, Motihari/concerned Court below in connection
with Motihari Town P.S. Case No. 1323/2025.
9. As condition to the order, at the time of furnishing
bail bond, petitioner will pay Rs. 50,000/- (Rupees Fifty
Thousand only) in the form of Demand draft to the victim for
his treatment, then only his bail bond will be accepted by the
court below.
(Sandeep Kumar, J)
tusharika/-
U T
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