Patna High Court
Shiv Shankar Kumar @ Ravi Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Shiv Shankar Kumar was arrested in connection with a case where he and others allegedly abducted the son of an informant, whose dead body was later found. He was charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner argued that there was no eye‑witness, the charge‑sheet had already been filed, he had a clean antecedent and had been in custody since 21‑11‑2025. The State opposed bail, but the Court noted the nature of the accusation, the lack of direct evidence, and the petitioner’s clean record. Consequently, the Court granted regular bail on a bond of Rs.10,000 with two sureties, directing release to the satisfaction of the Judicial Magistrate.
Issues considered
- Whether regular bail should be granted to an accused charged with offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita when the charge‑sheet is filed and there is no eye‑witness.
- Whether the petitioner’s clean antecedent and period of custody justify bail despite the seriousness of the alleged crime.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- regular bail
- bail bond
- murder
- kidnapping
- clean antecedent
- charge sheet
- no eye witness
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2959 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- MINAPUR District- Muzaffarpur
======================================================
Shiv Shankar Kumar @ Ravi Shankar Kumar S/o- Bali Sah Village-
Nurchhapra PS-Rampurhari Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Minapur P. S. Case No. 192 of 2025 registered for the offences
punishable under Sections 103(1), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, three named accused
persons, including this petitioner along with four other accused
persons, took away son of the informant from his house and on
the next morning, his dead body along with his motorcycle was
found by the roadside.
4. Learned counsel for the petitioner submits that at
best, it is a case of last seen with the deceased. There is no eye
witness to the occurrence and during investigation, no one has
Patna High Court CR. MISC. No.2959 of 2026(2) dt.13-02-2026
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claimed to have seen this petitioner committing the alleged
offence. Similarly situated co-accused, namely, Arun Kumar has
already been granted regular bail by this Court vide order dated
09.12.2025 passed in Cr. Misc. No. 73465 of 2025. Charge-
sheet has already been submitted. Petitioner claims clean
antecedent and is in custody since 21.11.2025.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent, period of custody and the fact that charge-sheet has
already been submitted, this bail application is allowed. The
petitioner, above named, is directed to 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
Judicial Magistrate, 1st Class, Court No. 8, Muzaffarpur (East),
Muzaffarpur in connection with Minapur P. S. Case No. 192 of
2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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