Shivam @ Shivam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7010 of 2025 Arising Out of PS. Case No.-89 Year-2024 Thana- JALE District- Darbhanga ====================================================== Shivam @ Shivam Kumar Singh S/O Late Suresh Singh @ Suresh Prasad Singh @ Mastan R/O Jogiyara, Tola Kheda, P.S.- Jale, Dist.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kumar, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Jalley P.S. Case No. 89 of 2024 registered on 25.04.2024 for the offenses punishable under Sections 379 and 461 of the Indian Penal Code.

3. As per the prosecution, the F.I.R. has been lodged against unknown accused persons, alleging the theft of articles from a school. Subsequently, some of the stolen articles have been recovered from the petitioner.

Patna High Court CR. MISC. No.7010 of 2025(2) dt.19-02-2025 2/3

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. Furthermore, the allegation is false and fabricated. No indiscriminate articles have been recovered from the conscious possession of the petitioner. The alleged seized articles are household items, and to date, no Test Identification Parade for these articles has been conducted by the police.

5. Upon a specific query from the counsel for the petitioner regarding the current stage of the case, learned counsel for the petitioner submits that he is unaware of the present stage of the case.

6. Learned APP for the State vehemently opposes the prayer for bail and submits that the articles subject to theft have been recovered from the possession of the petitioner.

7. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with G.R. No. 1403/2024 corresponding to Jalley P.S. Case No. 89 of 2024, pending before the learned 1st ACJM, Darbhanga, is hereby rejected.

8. However, it is directed that the petitioner shall surrender before the Trial Court within a period of four weeks from today. In case the petitioner surrenders within this period,

Patna High Court CR. MISC. No.7010 of 2025(2) dt.19-02-2025 3/3 the Trial Court is directed to pass an order on his surrender-cumbail application on the same day, without being prejudiced by the fact that the petitioner's anticipatory bail has been rejected by this Court.

(Dr. Anshuman, J) Ashwini/- U T