Patna High Court
Shivshakti Kumar @ Shivshakti ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on a prima‑facie basis, the firing was not made with intent to cause death and therefore granted bail to the petitioner.
Summary
Shivshakti Kumar, a self‑described local reporter, was named in an FIR for offences under Sections 126(2), 109, 352, 351(2), 3(5) of the BNS and Section 27 of the Arms Act, alleged to have fired at an informant after a prior dispute over illegal liquor. The petitioner argued that the informant, who shares his village and has a criminal record, fabricated the complaint and that the alleged firing from a distance of 100 metres did not demonstrate intent to cause death. The State opposed bail, contending the seriousness of the charges. The court examined the prima‑facie facts, noting the lack of evidence of intent to kill and the background of a local feud, and concluded that the petitioner was not likely to flee or tamper with evidence. Accordingly, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 126(2), 109, 352, 351(2), 3(5) of the BNS and Section 27 of the Arms Act.
- Whether the FIR establishes a prima‑facie case of intent to cause death.
- Whether the allegations are motivated by a local personal dispute, affecting the merit of the bail application.
Legislation cited
- Arms Act — s. 27
- BNS — s. 109, 126(2), 3(5), 351(2), 352
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- intent to kill
- arms act
- local dispute
- FIR
- section 126
- section 109
- section 352
- section 351
- section 3
- section 27
- section 438 CrPC
- section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79465 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- Fekla District- Darbhanga
======================================================
Shivshakti Kumar @ Shivshakti Thakur S/O Shri Varun Thakur Resident of
village - Bhorha Pokhar Bhinda, P.S.- Fekla, District - Darbhanga, PIN
-847429.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Navendu Kumar
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 24-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Fekla P.S. Case No. 66
of 2025 registered for the offences punishable under Sections
126(2), 109, 352, 351(2) and 3(5) of the BNS and Section 27 of
the Arms Act.
3. As per FIR, petitioner who claims himself a local
reporter was abused and also firing was alleged to be made upon
him by this petitioner for the reason as he on previous occasion out
of his reporting help administration to seize illegal liquor, which
was alleged in possession of the petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that informant and petitioner is of same
village and out of local disputes and differences, petitioner was
Patna High Court CR. MISC. No.79465 of 2025(5) dt.24-02-2026
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implicated with the present case. It is submitted that petitioner
was not found involved in any excise case, except the case, where
petitioner was implicated falsely as per reporting of the informant.
It is also pointed out that informant himself is a man of criminal
antecedent, as he is accused of Beta P.S. Case No. 50 of 2024. It
is submitted that informant and his brother becomes witness in
connivance with the local police and work as a stock witness and
also as a spy for police under the garb of journalism. It is further
submitted by learned counsel that petitioner alleged to fire after
moving ahead 100 meters, which negates his intention to cause
death of informant, as if petitioner had intention he must fire upon
informant when he was close to him, therefore, firing from
distance of 100 metres by having intention to cause death is not
convincing, as distance was beyond fatal range. It is not a case of
bullet injury. While concluding argument it is submitted that
petitioner found involved in five more criminal cases where is in on
bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as allegation prima-facie appears to be raised in
the background of local disputes and differences coupled with the
fact as prima-facie firing was not made having all opportunity
Patna High Court CR. MISC. No.79465 of 2025(5) dt.24-02-2026
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when informant was close to petitioner, accordingly petitioner
above-named, in the event of his arrest or surrender before the
court below within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned ACJM-V, Darbhanga/concerned Court,
where the case is pending in connection with Fekla P.S. Case No.
66 of 2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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