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Patna High Court

Shivam KumarversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

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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