Patna High Court
Shibu Kumar @ Shivam @ Raja @ Shivam Kumar @ ShibuversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The bail application was dismissed, and the petitioner was not released on bail.
Summary
The petitioner, Shibu Kumar, was arrested on 6 March 2025 in connection with a case registered on 17 June 2025 for alleged snatching of a gold chain and discharging a firearm with intent to kill. He is charged under Sections 109, 308(4), 308(5)/3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleges that the petitioner not only fired at the informant but also sent two persons to murder the victim, one of whom was apprehended and confessed. The petitioner contended that he is innocent and that there is no intention to kill, seeking bail after being in custody for several months. The State opposed bail, emphasizing the seriousness of the allegations and the existence of a separate case (Chitragupt Nagar P.S. Case No. 31/2025) related to the alleged murder plot. The Court, considering the gravity of the offences and the evidence presented, refused the bail application.
Issues considered
- Whether bail should be granted to the petitioner given the alleged offences under the B.N.S., 2023 and the Arms Act and the alleged intent to kill
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 308(4), 308(5), 3(5)
Subjects
- bail
- criminal procedure
- intent to kill
- Arms Act
- B.N.S. 2023
- serious offence
- denial of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80516 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
Shibu Kumar @ Shivam @ Raja @ Shivam Kumar @ Shibu son of Ramesh
Prasad Yadav Resident of Sadar Gali Bagh Kalu Kha, PS -Khajekalan District
-Patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivanand Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Shivanand Singh, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. The petitioner seeks bail, who is in custody since
06.03.2025 in connection with Khajekalan P.S. Case No. 66 of
2025, F.I.R. dated 17.06.2025 for the offences punishable under
Sections 109, 308(4), 308(5)/3(5) of the B.N.S., 2023 and 27 of
the Arms Act.
3. According to prosecution case, petitioner is alleged
to have snatched gold chain and made firing upon the informant
with intention to kill.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.80516 of 2025(3) dt.22-01-2026
2/2
case. Although, there is direct and specific allegation of firing
attributed against the petitioner but there is no intention to kill
anyone. The petitioner is in custody since 06.03.2025.
5. Learned APP for the State, on the other hand has
vehemently opposed the prayer for bail of the petitioner and
submits that from bare perusal of the FIR, it appears that there is
direct and specific allegation of firing attributed against this
petitioner and when the victim was in hospital the petitioner had
sent two persons to kill him and one of the person was caught
by members of the hospital and he confessed that the petitioner
had sent him to kill the victim for which one Chitragupt Nagar
P.S. Case No. 31/2025 was instituted.
6. Considering the aforesaid facts and circumstances
of the case and also the serious nature of allegation against the
petitioner, I am not inclined to enlarge the petitioner on bail in
connection with Khajekalan P.S. Case No. 66 of 2025, pending
in the court of learned Judicial Magistrate, 1st Class, Patna City,
Patna.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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