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Patna High Court

Shibu Kumar @ Shivam @ Raja @ Shivam Kumar @ ShibuversusThe State of Bihar

Decided
Disposal
REJECTED

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

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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