Shivam Kumar @ Shiva Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18855 of 2025 Arising Out of PS. Case No.-305 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Shivam Kumar @ Shiva Kumar Yadav Son of Jhamindra Yadav @ Jhamendra Ray Resident of Village - Bamo, P.O.- Mahua, P.S.- Baikunthpur, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Baikunthpur P.S. Case No. 305 of 2018 instituted for the offence under Sections 447, 341, 323, 324, 307, 325, 427, 379, 504 and 34 of the Indian Penal Code.
3. The case of the prosecution is that the petitioner along with others has assaulted the informant and has also snatched his valuables.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.18855 of 2025(2) dt.18-04-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that the name of this petitioner is not there in the FIR rather his name has come in the restatement of the informant. It is also submitted that there is no specific allegation against the petitioner. In this case, parties have compromised the case and for that they have filed a compromise petition before the trial Court.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submitted that petitioner has six criminal antecedents of Excise case.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Baikunthpur P.S. Case No. 305 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj subject to the conditions as
Patna High Court CR. MISC. No.18855 of 2025(2) dt.18-04-2025 3/3 laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Shubham/- U T