Shivam Kumar @ Shivam Trivedi @ Shivam Kumar Trivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70341 of 2025 Arising Out of PS. Case No.-187 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== Shivam Kumar @ Shivam Trivedi @ Shivam Kumar Trivedi S/o- Mithilesh Trivedi @ Mithlesh Kumar Trivedi R/o- Manasnagar Hatiya Gachhi Saharsa Ps- Saharsa Sadar Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 187 of 2022, registered for the offences under Sections 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the informant was shot at by the pillion rider on a motorcycle. The informant identified the rider as this petitioner by his gait. The informant received two gunshot injuries.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case and there is no involvement of the petitioner in the whole

Patna High Court CR. MISC. No.70341 of 2025(3) dt.11-11-2025 2/3 occurrence. The FIR has been lodged after delay of seven days for which there is no satisfactory explanation. The informant is himself a notorious criminal and is having criminal antecedent of two cases registered under the Arms Act. The petitioner is the nephew of the landlord of the informant and aunt of the petitioner has given a sanha in contrary to the present informant and his parents apprehending false implication. As the informant is a criminal, due to his activities he was shot at by some other persons and taking advantage of this fact, he falsely implicated the petitioner. The petitioner is in custody since 28.07.2025 and he has no criminal antecedent. It has also been submitted that the charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge-sheet and period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 187 of 2022, subject to the condition laid down

Patna High Court CR. MISC. No.70341 of 2025(3) dt.11-11-2025 3/3 under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) Sudhanshu/- U T