Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner subject to a bond and sureties.
Summary
Shivam Kumar was arrested in connection with Town Police Station Case No. 651 of 2024 for alleged firing at an informant, alleged offences being under Sections 109(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution claimed that unknown assailants fired three shots from a distance of 2‑2.5 metres, while the petitioner contended that he was falsely implicated due to a personal dispute involving the informant and his wife, relying on a spy’s statement and asserting that the informant could not identify the shooter. He further highlighted his clean criminal record and his continued custody since 28‑04‑2025. The State opposed bail, but the court, after evaluating the lack of concrete evidence and the petitioner’s assertions, decided to enlarge bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, to be approved by the Chief Judicial Magistrate, Begusarai.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the evidence on record justifies continued detention
Legislation cited
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 3(5)
Subjects
- bail
- criminal procedure
- arms act
- false implication
- investigation
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89645 of 2025
Arising Out of PS. Case No.-651 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Shivam Kumar Son of Indradev Paswan R/O Village - Rajupur, P.S.- Dandari,
District - Begusarai. And R/O Vill.- Ward No.- 36, Pokhariya, P.S.- Begusarai,
District - Begusarai, State - Bihar, Pin - 851101 At Present R/O Village -
Balidari @ Balidani Durga Asthan, @ Sthan Jhoparpatti, P.S.- Nagar, District
- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Town P.S. Case No. 651 of 2024 registered for the offence
punishable under Sections 109(1), 3(5) of the B.N.S., 2023 and
Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that some
unknown miscreants have fired thriced at the informant from a
distance of 2-2.5 meters.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.89645 of 2025(3) dt.13-03-2026
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case. He also submits that the name of this petitioner has
transpired during the investigation on the suspicion of spy.
According to the spy, the informant and the petitioner and the
petitioner’s wife were students of the same class. It is further
alleged that there was an illicit relationship between the
informant and the wife of the petitioner, and due to that, he has
fired at the informant. As per the statement of the spy, the
petitioner and the informant were both friends and were
classmates. He also submits that in the FIR, it is stated that the
firing was made from a close range and the time of occurrence
was 04:45 PM, it means the firing was made in daylight. Had
the petitioner been the friend of the informant, the informant
could have easily identified him, but the informant has stated in
his FIR that he could not identify the assailant. He further
submits that save and except the statement of the spy, there is
nothing against the petitioner. Moreover, a statement has been
made in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
28.04.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.89645 of 2025(3) dt.13-03-2026
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considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Begusarai in connection with Town P.S.
Case No. 651 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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