Patna High Court
Shivam @ Shivam Kumar @ Shivram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a bond and sureties under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Shivam Kumar, was arrested in connection with a violent altercation that occurred on the eve of Saraswati Puja, leading to charges under multiple sections of the Bihar Nagarik Suraksha Sanhita (BNS) and the Arms Act. He sought bail, asserting a clean antecedent and arguing that the allegations of assault were general and omnibus. The State opposed the bail application, citing the seriousness of the offences listed. The Court considered the petitioner’s clean record, the nature of the allegations, and the statutory provisions governing bail. It ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS, 2023. Consequently, the bail petition was disposed in the petitioner’s favour.
Issues considered
- What is the appropriate discretion of the court in granting bail to the petitioner charged with multiple offences under the BNS and Arms Act?
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- assault
- criminal procedure
- Bihar Nagarik Suraksha Sanhita
- Arms Act
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6170 of 2026
Arising Out of PS. Case No.-27 Year-2025 Thana- TARIYANI CHOWK District- Sheohar
======================================================
Shivam @ Shivam Kumar @ Shivram Kumar Son of Mohan Prasad Singh @
Mohan Singh R/o Village - Mahdewa, P.S. - Tariyani, Distt. - Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad , Advocate
For the Opposite Party/s : Mr. Abhay Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 191 ( 2 ), 191 (3) ,
190, 329 ( 4 ), 126 ( 2 ), 115 ( 2 ), 115 ( 2 ), 74, 305 , 109, 352
and 351 ( 2 ) of BNS and 27 of Arms Act.
3 . As per F.I.R, one the eve of Saraswati Puja , an
open fight took place between the parties in which both sides
inflicted injuries on each other. Case and counter case .
Allegation of assault is general and omnibus. Petitioner claims
clean antecedent.
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, general and
Patna High Court CR. MISC. No.6170 of 2026(2) dt.04-02-2026
2/2
omnibus allegation of assault, clean antecedent of the petitioner
and other circumstances of the case , in the event of arrest or
surrender within eight weeks from today, let the petitioner, as
named above, be enlarged 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 CJM Sheohar in
connection with Tariyani P.S. Case No. 27 of 2025 , subject
to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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