Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54807 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- NTPC District- Patna ====================================================== Shivam Kumar S/o Pawan Singh @ Pawan Kumar R/O Village- Dibhar, P.S.- N.T.P.C., Distt.- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ramjhari Devi W/o Daroga Manjhi R/o Vill. -, P.S. - Gopalganj, Dist.- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Alka Panday, Adv.
For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109(1), 303(2), 352 and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 10.04.2025 at about 08:00 AM, he hired labourers to plaster the outer wall of his house when Shubham arrived with his tractor and started removing the bricks and bamboo and also abused the informant, when informant objected, Shubham left the tractor and went away and later
Patna High Court CR. MISC. No.54807 of 2025(2) dt.01-09-2025 2/3 came along with his brother Shivam (petitioner) and Pawan and started abusing when informant protested, it is alleged that on order of Pawan, Shubham assaulted the informant by spade causing injury on head, thereafter Pawan and Shubham assaulted Bablu with spade causing fracture of his arms, thereafter, accused persons snatched golden chain of Bablu Kumar.
4. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that specific allegation of assault is against Shubham and Pawan while against this petitioner, the allegation is general and omnibus in nature and it is alleged that the accused persons snatched golden chain of Bablu Kumar.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case
Patna High Court CR. MISC. No.54807 of 2025(2) dt.01-09-2025 3/3 is pending/successor court in connection with NTPC P.S. Case No. 36 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T