Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36874 of 2025 Arising Out of PS. Case No.-240 Year-2024 Thana- SARSI District- Purnia ====================================================== Shivam Kumar Son of Dilip Kumar Yadav Resident of Village- Jhowari, P.S.- Banmankhi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-06-2025 Heard Mr. Bhola Prasad, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar No. 2, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Sarai P.S. Case No. 240 of 2024 registered under Sections 126(2), 115(2), 110, 303(2), 352, 351(1), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the allegation made in the FIR, the petitioner along with another co-accused person namely, Binay Kumar assaulted the informant on his head, causing injury.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. Learned Counsel further submits that the petitioner has been dragged in a false

Patna High Court CR. MISC. No.36874 of 2025(2) dt.18-06-2025 2/3 case as there is no eye witness and no such incident has occurred in which the informant has sustained injury.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that scuffle took place in the mid night for the parking of a vehicle, in which, the petitioner may have caused some injury to the person of the informant in his self defence without any intention to kill. Petitioner has clean antecedent. I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.

7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Purnia in connection with Sarsi P.S. Case No. 240 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in

Patna High Court CR. MISC. No.36874 of 2025(2) dt.18-06-2025 3/3 paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Sudhanshu/- U T