Patna High Court
Shivam Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Shivam Kumar, was arrested in connection with a robbery (Section 392 IPC) where an informant’s motorcycle and mobile phone were stolen at gunpoint. The stolen motorcycle was later recovered from the petitioner, who has been in custody since 17‑05‑2025 and has seven prior criminal convictions. The petitioner applied for regular bail, arguing that he should be released pending trial. The court examined the seriousness of the offence, the prima facie evidence linking the petitioner to the crime, and his criminal antecedents. Considering the gravity of the allegations, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with the court noting that its observations are only prima facie and will not affect the trial. The decision was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether regular bail should be granted to the accused in a serious robbery case under Section 392 IPC given the prima facie evidence and the accused’s criminal antecedents.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- regular bail
- robbery
- Section 392 IPC
- criminal antecedents
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61781 of 2025
Arising Out of PS. Case No.-108 Year-2024 Thana- PUNAURA District- Sitamarhi
======================================================
Shivam Kumar @ Chhotu S/o Shambhu Kunwar @ Shambhu Singh R/o
Village- Kushmari, P.O. and P.S.- Riga, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravin Kumar
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
Mr. Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Punaura P.S. Case No. 108 of 2024 registered for the offence
under Section 392 of the Indian Penal Code.
3. As per the prosecution case, the motorcycle, mobile
phone etc., of the informant was looted by three unknown
criminals on gun point.
4. The looted motorcycle has been recovered from the
petitioner who is in custody since 17.05.2025 and has seven
criminal antecedents. The allegations against the petitioner are
serious and grave in nature. There exists prima facie material
against the petitioner indicating his involvement in the
Patna High Court CR. MISC. No.61781 of 2025(4) dt.27-04-2026
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commission of the offence.
5. Considering the nature of allegation and the gravity
of the offence, this Court is not inclined to grant regular bail to
the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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