Patna High Court
Shivam Kumar @ ChineseversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Shivam Kumar, was arrested in connection with a murder case (PS Case No. 138 of 2024) and charged under Sections 137(2), 103(1), 238 and 3(5) of the Bihar Narcotic Substances Act. He contended that he was falsely implicated, that no witness had seen him at the scene, and that the case diary contained no evidence of his participation, only that he had consumed a substance with the deceased and co‑accused. The State opposed his bail application, arguing the seriousness of the offences. After hearing both sides, the Court considered the lack of incriminating material against the petitioner and the principle of bail for a person not likely to flee or tamper with evidence. The Court ordered his release on regular bail with a bond of Rs.10,000 and two sureties, subject to his cooperation with the trial.
Issues considered
- Whether regular bail should be granted to the petitioner accused under Sections 137(2), 103(1), 238 and 3(5) of the Bihar Narcotic Substances Act in a murder‑related case.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 137(2), 238, 3(5)
Subjects
- bail
- regular bail
- criminal procedure
- Bihar Narcotic Substances Act
- Section 137
- Section 103
- Section 238
- Section 3(5)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24087 of 2025
Arising Out of PS. Case No.-138 Year-2024 Thana- MEHANDIGANJ District- Patna
======================================================
Shivam Kumar @ Chinese S/o Shiv Chandra Ray R/o Guzalbag, Meena
Bazar, Domkhana, Station Road, Sadikpur, P.S.- Alamganj, Dist- Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Chandra, Adv.
For the State : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 02-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Mehandiganj P.S. Case No. 138 of 2024, registered
for the offences punishable under Section 137(2) of the BNS. Later
on, charge sheet was submitted under Section 103(1), 238 and 3(5) of
BNS.
3. As per the prosecution case, the informant’s son left
home on 18.08.2024 at about 8:30 PM for Mahandiganj Railway
Gumti, but did not return until the next morning.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated. None
has seen the occurrence. The statement of the petitioner has been
recorded in paragraph no. 30 of the case diary in which he didn’t
Patna High Court CR. MISC. No.24087 of 2025(6) dt.02-02-2026
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confess his involvement in the occurrence. He only stated that he
consumed smack with the deceased and co-accused Rohit Kumar.
Thereafter, Rohit Kumar and deceased started making plans of theft
and the petitioner went to his house. Paragraph no. 58 of the case
diary shows that co-accused Rohit Kumar and Dablu Choudhary
were arrested and both stated that they committed murder of the
deceased and threw the dead body near Railway bridge. In the entire
case diary, there is nothing which shows the complicity of the
petitioner in the alleged occurrence. The petitioner is under custody
since 25.08.2024.
5. On the other hand, Mr. Shailendra Kumar, the learned
APP for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Patna City, Patna in connection with Mehandiganj P.S. Case
No. 138 of 2024, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as and
when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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