Created by Fuzzy Cloud

Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.