Shiv Kumar @ Shivraj Yadav @ Shivraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49380 of 2025 Arising Out of PS. Case No.-251 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Shiv Kumar @ Shivraj Yadav @ Shivraj Kumar S/O Kailash Yadav R/O Village- Barehi, P.S- Madhepura, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with K Nagar P.S. Case No. 251 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of looting mobile, gold ornaments and vehicle of the informant on the gunpoint.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.49380 of 2025(3) dt.08-10-2025 2/3 present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of the confessional statement of the co-accused Shivam Raj @ Dara recorded before the police which has no evidentiary value in the eye of law. The petitioner has not been put on Test Identification Parade. He further submits that nothing incriminating/looted article has been recovered from the conscious possession of the petitioner. He further submits that the looted Tigor vehicle bearing Regd. No. BR11AT 1091 has been recovered from the house of the co-accused Sonu Kumar. The petitioner has no concern with the alleged occurrence. The petitioner has four criminal antecedents and is languishing in judicial custody since 07.01.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the

Patna High Court CR. MISC. No.49380 of 2025(3) dt.08-10-2025 3/3 petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with K Nagar P.S. Case No. 251 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T