Patna High CourtCR. MISC./3440/2026bail granted

Shivam Kumar @ Shivam Choudhary v. The State Of Bihar

2026-01-28Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3440 of 2026 Arising Out of PS. Case No.-202 Year-2025 Thana- SACHIVALAYA District- Patna ====================================================== Shivam Kumar @ Shivam Choudhary S/o Sonelal Choudhary R/Vill.- Kathela, P.S.- Kharik, Dist.- Bhagalpur at present Quarter No. D4, Raj Bhawan, B.G. Camp, P.S.- Sachiwalay, Dist.- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Sachivalaya P.S. Case No. 202 of 2025, registered for the offences under Sections 304(2) of the BNS.

3. As per the prosecution case, two bike borne miscreants snatched the mobile phone of the informant while the informant has been taking a walk. The name of the petitioner transpired during investigation for being involved in the said occurrence.

4. Learned counsel appearing on behalf of the petitioner submits the petitioner is innocent and has been falsely implicated in this case. There is no involvement of the petitioner

Patna High Court CR. MISC. No.3440 of 2026(2) dt.28-01-2026 2/3 in snatching the mobile phone and his name came up on the basis of confessional statement of one Siddharth Gupta which has got no legal sanctity. No stolen article was recovered from the possession of the petitioner. Recovery of two mobile phones have been shown from the petitioner but both the mobile phones belong to this petitioner. The petitioner has been dragged in this case due to his criminal antecedents as he is having antecedent of ten cases and he is in custody since 17.10.2025. Charge sheet has been submitted.

5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner is a habitual offendor and is accused in a number of cases of similar nature.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery of stolen article has been shown from the petitioner and also considering his period of custody and submission of charge sheet., the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned ACJM-II, Patna/concerned court, in connection with Sachivalaya P.S. Case

Patna High Court CR. MISC. No.3440 of 2026(2) dt.28-01-2026 3/3 No. 202 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T