Patna High Court
Shivam Kumar @ Shivam Kumar Singh @ Niraj Singh @ Babua SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Shivam Kumar, was arrested in connection with a murder case registered under sections 103(1), 3(5) of the Bihar Negotiable Instruments Act and section 27 of the Arms Act. He claims innocence, stating that the only incriminating material is his own confessional statement and that no other evidence links him to the crime. The petitioner has been in judicial custody since 10 August 2024 and seeks regular bail, citing that a co‑accused, Prince Kumar, was previously granted bail. The State opposed bail, highlighting the petitioner’s twelve prior criminal convictions. The Court, after considering the circumstances, granted regular bail on the condition of weekly police attendance, cooperation with the trial, and a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and his criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103(1), 3(5)
Subjects
- regular bail
- criminal procedure
- arms act
- confessional statement
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2981 of 2026
Arising Out of PS. Case No.-462 Year-2024 Thana- RAJIVNAGAR District- Patna
======================================================
Shivam Kumar @ Shivam Kumar Singh @ Niraj Singh @ Babua Singh S/o
Manjeet Singh @ Mukesh Singh Resident of - Neknam Tola, P.S - Barahara,
District - Bhojpur At present R/o - Rajivnagar Road No. 3, P.S - Rajivnagar,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103 (1),
3(5) of the BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that the husband of
the informant was the driver of Jitendra Singh, he used go to the
rented house of Jitendra Singh and returned back to his house as
soon as the work was over. On 10.08.2024, Chandan Singh son
of Jitendra Singh arrived at her house and took the deceased
with him. At 6:00 A.M. Chandan Singh arrived at the house of
the informant and brought to Sahyog Hospital and when she
reached there, she found the dead body of her husband. When
Patna High Court CR. MISC. No.2981 of 2026(2) dt.06-02-2026
2/3
the informant asked about the occurrence, Jitendra Singh told
that her husband was laying in a lane just after his one house
and he was brought to the hospital and the doctor had declared
him dead. The case was registered against unknown miscreants.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
during the course of investigation, Spy disclosed the name of
this petitioner and thereafter, this petitioner has also given his
self confessional statement. Further submission is that except
the confessional statement of the petitioner herein made before
the police, there is no material in the case diary to implicate
him. Similarly, situated other co-accused person namely, Prince
Kumar has been granted bail by this court passed in Cr. Misc.
No. 85089 of 2024. Moreover, the petitioner is languishing in
judicial custody since 10.08.2024.
5. Learned APP appearing for the state has opposed
the prayer of regular bail stating that the petitioner has twelve
criminal antecedent.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on bail
with the condition that the petitioner shall mark his weekly
Patna High Court CR. MISC. No.2981 of 2026(2) dt.06-02-2026
3/3
attendance at Rajiv Nagar P.S. and shall cooperate in the
trial and shall remain physically present on each and every
date fixed by the learned trial court, till the conclusion of the
trial. The above named petitioner is directed to be released on
bail in connection with Rajiv Nagar P.S. Case No. 462 of 2024
on furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM-II, Patna.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…