Shivam Jha @ Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61251 of 2025 Arising Out of PS. Case No.-575 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Shivam Jha @ Shivam Kumar Son of Ram Naresh Jha Resident of VillageBajidpur, Gado Barathiya, Police Station- Dalsingsarai, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Begusarai Town P.S. Case No. 575 of 2024 dated 22.10.2024 registered for the offences punishable u/ss 310(2) and 311 of the BNS and sections 25(1-B)a, 26, 27, 35 of the Arms Act.
3. As per the prosecution case, the co-accused persons were committing loot in the informant's shop, in the meantime, the informant reached there and a clash took place between them in which the informant's driver and his staff got injured. It is further alleged that the informant also fired from his licensed gun which hit two accused persons on their legs. Thereafter, the
Patna High Court CR. MISC. No.61251 of 2025(3) dt.07-11-2025 2/3 accused persons fled away after looting two pieces of necklace weighing 125 gram, two pieces of chain weighing 35 gram and 24 pieces of rings weighing 150 gram, all worth Rs. 30-35 lakhs.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up during the course of investigation. The other co-accused person has already been granted bail by this court vide order dated 02.04.2025 passed in Cr. Misc. No. 15109/2025. Nothing has been recovered from the conscious possession of the petitioner. No TIP has been conducted by the prosecution till date. The petitioner has eight criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.04.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Town P.S. Case No.
Patna High Court CR. MISC. No.61251 of 2025(3) dt.07-11-2025 3/3 575 of 2024, with a condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T