Patna High Court
Shivam Kumar @ GullaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to a cash bond and specified conditions.
Summary
Shivam Kumar was arrested on 5 October 2025 in connection with a robbery‑theft case (PS‑Rajgir Case No. 579 of 2025) alleged under Sections 305(a), 331(4) and 317(2) of the Bharatiya Nyay Sanhita, 2023. The FIR does not name him; his alleged involvement stems only from statements of co‑accused Dinanath Choudhary and Arayan Kumar, although police recovered valuables from his house that were not listed in the FIR. The petitioner contended he is innocent and that the co‑accused have already been granted bail. The prosecution opposed bail, citing three prior criminal antecedents, but the petitioner was already on bail for those matters. The court examined the lack of direct FIR mention, the prior bail of co‑accused, and the petitioner’s criminal record, and ordered his release on bail with a cash bond of Rs 10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, Bihar Sharif.
Issues considered
- Whether the petitioner is entitled to bail despite not being named in the FIR and being implicated solely through co‑accused statements.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the recovery of articles not mentioned in the FIR affects the bail decision.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 305(a), 317(2), 331(4)
Subjects
- bail
- criminal antecedent
- robbery
- theft
- Bharatiya Nyay Sanhita
- non‑named in FIR
- co‑accused statements
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27949 of 2026
Arising Out of PS. Case No.-579 Year-2025 Thana- RAJGIR District- Nalanda
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Shivam Kumar @ Gulla Son of Late Ramakant Upadhyay @ Ramakant
Pandey Resident of Village- Ramhari Pind PS- Rajgir Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Sanjay Prasad, learned counsel for the
petitioner as well as Mr. Sanjay Kumar Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.10.2025 in connection with Rajgir P.S. Case No. 579 of 2025,
F.I.R. dated 03.10.2025 for the offences punishable under Sections
305(a), 331(4), 317(2)) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged
some unknown miscreants entered his house and took away
Rs. 2,85,000/- cash, jewellery of worth Rs.1,50,000/-, T.V and
other valuable articles.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
transpired on the basis of disclosure made by co-accused persons,
Patna High Court CR. MISC. No.27949 of 2026(2) dt.27-04-2026
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namely, Dinanath Choudhary @ Bauya Chaoudhary and Arayan
Kumar @ Mithun Kumar. Although the police supported the fact
that recovery have been made from the house of the petitioner but
the articles which were recovered from the house of the petitioner
were not mentioned in the FIR and Dinanath Choudhary @ Bauya
Chaoudhary and Arayan Kumar @ Mithun Kumar have been
granted the privilege of bail by the lower Court itself vide order
dated 03.01.2026 and 04.12.2025 in B.P No. 1631 of 2025 and B.P.
No. 1567 of 2025. He further submits that the police after
investigation submitted the charge sheet against the petitioner and
the petitioner is in custody since 05.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries three criminal antecedents other
than the present one but fairly submits on the basis of paragraph-3
of the bail application that the petitioner is on bail in the said
matters.
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, Bihar Sharif, Nalanda in connection with Rajgir P.S.
Patna High Court CR. MISC. No.27949 of 2026(2) dt.27-04-2026
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Case No. 579 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
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)
Suruchi/-
U T
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