Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4557 of 2026 Arising Out of PS. Case No.-661 Year-2025 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Shivam Kumar, S/o Late Laxman Paswan, R/o Village- Krishna Nagar Abhanda, P.S- Laheriasarai, Dist- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Laheriasarai P.S. Case No. 661 of 2025 dated 09.11.2025, instituted for the offence punishable under Sections 317(2), 317(5) of Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on the alleged date of occurrence, the police personnel during vehicle checking apprehended the petitioner with a Glamorous Motorcycle without its number plate. The petitioner failed to produce any document of the said motorcycle. It is further alleged that the petitioner confessed that the said motorcycle is stolen motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.4557 of 2026(2) dt.28-01-2026 2/2 case. Learned counsel for the petitioner further submits that the petitioner was working in the Sudha Milk Shop of one Krishna Mahto, who on the alleged date of occurrence, had given the said motorcycle to the petitioner to supply dairy products. On the basis of statement of the petitioner, Krishna Mahto was arrested, who confessed that the said motorcycle was purchased for a consideration amount of Rs. 5,000/-. The said Krishna Mahto has been granted bail by the lower court itself. Lastly, it has been submitted that the petitioner is in custody since 10.11.2025 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in Laheriasarai P.S. Case No. 661 of 2025. (Khatim Reza, J) premchand/- U T