Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15137 of 2026 Arising Out of PS. Case No.-430 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== Shivam Kumar S/o- Anil Singh Village- khanwa Ps- Narhat District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Bipin Kumar, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 430 of 2025 instituted for the offence under Section 140(1) of the Bharatiya Nyaya Sanhita, 2023. 3.

The prosecution case, in brief, is that on 19.08.2025, the informant's 14-year-old son, who had gone to play near a brick kiln, went missing and could not be traced despite extensive search. On the following morning, the informant received threatening messages and a video from his son's mobile phone, allegedly from the "Bhaiyajee Gang" demanding ransom and threatening to kill the boy if the money was not paid.

Patna High Court CR. MISC. No.15137 of 2026(7) dt.14-07-2026 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.08.2025. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired in this case during investigation on the basis of mobile tower location of the deceased. There is no specific allegation against the petitioner. Informant is not the eye witness to the occurrence. As per postmortem report, there is no visible injuries found over the body of the deceased. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is next submitted that mobile of the deceased has been recovered from the possession of co-accused along with whom petitioner was apprehended based on its tower location. It is lastly submitted that charge sheet in this case is submitted under Sections 140(2), 103(1), 238 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 7.

Considering the aforesaid facts and circumstances of the case, there being material against the petitioner in the case diary, this Court, at this stage, is not inclined to grant bail to the

Patna High Court CR. MISC. No.15137 of 2026(7) dt.14-07-2026 3/3 petitioner. Prayer for grant of bail to the petitioner is hereby rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments preferably within a period of six months.

9.

However, petitioner will be at liberty to renew his prayer for bail in the court below, if the trial is not concluded within a period of six months from the date of receipt./production of a copy of this order.

(Rudra Prakash Mishra, J) Raj Kishore/- U T