Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78094 of 2024 Arising Out of PS. Case No.-216 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Shivam Kumar S/O Sriram Kumar Shashtri R/O Village/MohallaBaragovind, P.S- Chakiya, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar, Adv.
Mr. Sameer Mehra, Adv For the Opposite Party/s :
Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-11-2024 Heard Mr. Anil Kumar, learned counsel for the petitioner duly assisted by Mr. Sameer Mehra, learned counsel and the State.
2. The petitioner is in judicial custody in connection with Kalyanpur P.S. Case No.216 of 2024 for the offences punishable under Sections 303(2), 317(9), 338, 336(3), 340(2) & 3(5) of Bhartiya Nyaya Sanhita, 2023 and Section 25(1-B)a, 26 and 35 of the Arms Act lodged on 13.07.2024 by the informant, Jitendra Kumar.
3. As per the prosecution story, the informant alleged that during patrolling and upon information reached the Ram Janki Mutt and apprehended four accused persons. Upon search, (i) Shivam Kumar (petitioner herein), country made pistol besides mobile, motorcycle and a master key, (ii) Raja Kumar, country made pistol, phone, motorcycle,
Patna High Court CR. MISC. No.78094 of 2024(2) dt.12-11-2024 2/3 (iii) Rahul Kumar, live cartridge, master key, mobile, (iv) Sachin Kumar, smart phone, master key, motorcycle. As they failed to provide any document regarding the fire arms, taken into custody/FIR.
4. Learned counsel for the petitioner submits that he is a student having no role to play in the matter, the police made a false implication putting arms theory, he has no criminal antecedent and is in custody since 14.07.2024 (para-12 of the petition).
5. Learned APP opposes the prayer submitting that the police apprehended and recovered the arms from the accused persons including the petitioner.
6. Taking into consideration the submissions put forward by the parties as also the fact that the petitioner is a young person, has remained in custody since 14.07.2024, has no criminal antecedent, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, East Champaran at Motihari in connection with aforesaid P.S. Case subject to the
Patna High Court CR. MISC. No.78094 of 2024(2) dt.12-11-2024 3/3 following conditions:
(i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T