Shivam Kumar @ Chuhwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17744 of 2025 Arising Out of PS. Case No.-296 Year-2023 Thana- NAYA RAM NAGAR District- Munger ====================================================== Shivam Kumar @ Chuhwa Son of Sri Naresh Yadav Resident of Village - Purbi Tola, Farda, P.S. - Safiyasarai, District - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suman Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Nayaram Nagar (Safiyasarai) P.S Case No. 296 of 2023 from the Court of learned A.D.J-II, Munger registered for the offences punishable under Sections 387, 307, 34 of I.P.C and 27 of the Arms Act.
3. As per allegation in the FIR, petitioner along with co-accused have fired bulled on the informant with intention to kill.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 19.12.2023
Patna High Court CR. MISC. No.17744 of 2025(4) dt.02-07-2025 2/2 and petitioner has got three criminal antecedents as stated in para 3 of the petition.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. From perusal of the F.I.R., impugned order and case diary, it appears that there is specific allegation against the petitioner to fired bullet on the head of the informant due to which informant suffered grievous injuries. Total four bullets fired by the petitioner along with co-accused and informant is also assaulted by the iron rod due to which injuries were inflicted upon the face, neck and head of the informant which is grievous in nature.
7. Considering the facts and circumstances of the case, materials available on record, weapons used in the incident and submissions made by the learned counsel for the parties, I am not inclined to grant regular bail to the petitioner.
8. Accordingly, prayer for regular bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) Mayank/- U T