Shivam Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74235 of 2025 Arising Out of PS. Case No.-76 Year-2024 Thana- CHAKAI District- Jamui ====================================================== Shivam Sinha Son of Dhananjay Sinha R/o Village - Urwa, P.S. - Chakai, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Bohra, Advocate For the State :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Chakai P.S. Case No. 76 of 2024 registered for the offence under Sections 341, 323, 324, 308, 504 and 34 of the Indian Penal Code, lodged on 06.05.2024 by the informant, Vivek Sinha.
3. As per the prosecution story, the informant alleged that due to land dispute, the accused persons came armed variously and allegation is that Dhananjay Sinha gave knife blow on the neck while this petitioner gave lathi blow to Rakesh Kumar. Further, Rakesh Kumar assaulted on the leg and Rupesh Kumar abused them. This led to the F.I.R.
4. Learned counsel for the petitioner submits that there is a case and counter case, main allegation of using knife
Patna High Court CR. MISC. No.74235 of 2025(2) dt.19-11-2025 2/3 on the neck has been attributed to Dhananjay Sinha and learned Sessions Judge would show that the same has found to be simple in nature, the petitioner is a student and has no criminal antecedent.
5. Learned APP opposes the prayer submitting that the petitioner also assaulted by means of wooden rod.
6. Considering the submissions of the parties as also that he has no criminal antecedent, is a young boy, main allegation is against Dhananjay Sinha, injury has been found to be simple in nature, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate- First Class, Jamui, in connection with Chakai P.S. Case No. 76 of 2024 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.74235 of 2025(2) dt.19-11-2025 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (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 bail bonds. (Rajiv Roy, J) vinayak/- U T