Shiv Kumar @ Shiva Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50184 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- BELCHHI District- Patna ====================================================== Shiv Kumar @ Shiva Kumar S/o- Bachan Bind @ Bachchan Bind Resident of village - Kishunpur, P.S. - Belchhi, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajnish Kumar Mr. Pratik Kumar Mr. Raj Kumar For the Opposite Party/s :
Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
2. This is the first bail application for grant of anticipatory bail of the petitioner apprehending his arrest in connection with Belchhi P.S. Case No. 53 of 2025 registered for the offence under Sections 191(2), 191(3), 190, 115(2), 126(2), 109 and 132 of the Bharatiya Nyaya Sanhita.
3. According to the case of prosecution, it is alleged that at the time of incident when the police party reached at the place of occurrence in course of investigation of one police case, allegedly the present applicant along with other coaccused persons assaulted the police party by way of stone pelting. It is further alleged that some of the accused persons
Patna High Court CR. MISC. No.50184 of 2025(2) dt.11-08-2025 2/3 also fired from his pistol, however, no police personnel sustained injury from the said fire. On the basis of first information report lodged by the informant, offence has been registered.
4. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. The name of the present applicant has been disclosed by the Chowkidar Sudama Chauhan after the incident. He further submits that similarly situated other co-accused persons namely, Shaila Devi, Surendra Bind and Vikram Kumar have already been granted anticipatory bail vide order dated 25.06.2025 by the Co-ordinate Bench of this Court in Cr. Misc. No. 38895 of 2025. Therefore, on these grounds, it is prayed that the petitioner may be granted benefit of anticipatory bail.
5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.
6. Heard.
7. Perused the record and other materials available on record.
8. Considering the above submissions made by the counsel for the petitioner and further considering the fact that the name of the present applicant has been disclosed by the
Patna High Court CR. MISC. No.50184 of 2025(2) dt.11-08-2025 3/3 village Chowkidar and on the same allegation, other co-accused persons namely, Shaila Devi, Surendra Bind and Vikram Kumar have already been granted benefit of anticipatory bail by the Coordinary Bench of this Court, I am of the view that it is a case where the petitioner should be granted benefit of anticipatory bail.
9. Accordingly, the application is allowed.
10. Let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below 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 S.D.J.M., Barh in connection with Belchhi P.S. Case No. 53 of 2025, subject to the condition as laid down under Section 482(2) of B.N.S.S. 2023. (Arvind Singh Chandel , J) shailendra/- U T