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Patna High Court

Shivam Kumar @ ChuhwaversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court held that bail could not be granted as there were no fresh grounds to revisit the earlier denial.

Summary

Shivam Kumar, a 24‑year‑old male, was arrested in connection with a case registered under Sections 387, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly firing at an informant with intent to kill. He had previously applied for regular bail, which was rejected by the Patna High Court in a 2025 order. On a fresh application, the petitioner argued that there were no new grounds to revisit the earlier decision. The Court examined the seriousness of the offences, the presence of a weapon, and the lack of any change in circumstances. Finding no fresh material, the Court upheld the earlier view and again denied bail. The petition for bail was consequently dismissed.

Issues considered

  • What is the appropriate decision on the petitioner's application for regular bail in light of the pending charges under IPC Sections 387, 307, 34 and Arms Act Section 27?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • attempt to murder
  • robbery
  • common intention
  • Arms Act
  • Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36050 of 2026
                 Arising Out of PS. Case No.-296 Year-2023 Thana- NAYA RAM NAGAR District- Munger
                 ======================================================
                 Shivam Kumar @ Chuhwa, aged about 24 years, Gender-Male, Son of Sri
                 Naresh Yadav @ Naresh Yadav, Resident of Village- Farda Purbi Tola P.S.
                 -Safiyasarai District -Munger.
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gaurav Kumar, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, APP
                 For the Informant        :       Mr. Prasoon Kumar, Advocate
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

2   19-06-2026                   Heard learned counsel for the petitioner learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner is in custody in connection with

                   Nayaram Nagar P.S Case No. 296 of 2023 registered for the

                   offences punishable under Sections 387, 307, 34 of the Indian

                   Penal Code and 27 of the Arms Act.

                                 3. As per allegation in the FIR, petitioner along with

                   other co-accused persons have fired bullet on the informant with

                   an intention to kill.

                                 4. Earlier the prayer for bail of this petitioner was

                   rejected by this Court passed in Cr. Misc. No. 17744 of 2025

                   vide order dated 02.07.2025 and there is no fresh ground to
            Patna High Court CR. MISC. No.36050 of 2026(2) dt.19-06-2026
                                                        2/2




                      reconsider the prayer for regular bail of this petitioner.

                                   5. Accordingly, the prayer for bail of the petitioner is

                      hereby again rejected.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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