Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46519 of 2025 Arising Out of PS. Case No.-271 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== Shivam Kumar Son of Rajeev Chaudhary Resident of village - Kanhaiya Chak, P.S.- Parbatta, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-08-2025 Heard Mr. Ranjeet Kumar Singh, learned counsel for the petitioner and Mr. Arun Kumar Singh, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Parbatta P.S. Case No. 271 of 2022 instituted for the offence under Sections 147, 149, 325, 307, 353, 333, 427, 436, 188 of the Indian Penal Code and Section 3 of the Prevention of Damage of Public Property Act, 1984.
3. The case of the prosecution is that on the alleged date of the occurrence, 23 named accused persons including the petitioner and 175 unknown accused persons damaged the vehicles plying on road as well as destroyed the articles of the shopkeepers and assaulted the public against the policy of
Patna High Court CR. MISC. No.46519 of 2025(2) dt.01-08-2025 2/3 appointment of Agniveer Scheme. It is also alleged that the miscreants entered into the Block Office and damaged the doors and windows of old block of Nagar Panchayat.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that the name of allegation is general and omnibus. This petitioner has been identified by the local chowkidar from CCTV footage. There is no allegation of overt act against this petitioner. It is next submitted that a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. It has lastly been submitted that similarly situated other co-accused person has already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 09.07.2025 in Cr. Misc. No. 41541 of 2025. The case of this petitioner stands on similar footing.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
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
Patna High Court CR. MISC. No.46519 of 2025(2) dt.01-08-2025 3/3 four weeks from today and in the event of his arrest or surrender in connection with Parbatta P.S. Case No. 271 of 2022, 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 SDJM, Khagaria, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T