Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80488 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== Shivam Kumar S/o Ajay Singh R/o Village - Sherpur, P.S - Harnaut, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Naubatpur P.S. Case No. 193 of 2025 registered for the alleged offences under Sections 132, 109, 121, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 25(1-B)a, 26, 27, 35 of the Arms Act.

03. As per prosecution case, a police team was constituted for catching a notorious criminal, Bharat Singh. When the police party reached at the spot, it apprehended coaccused, Suraj Kumar, who admitted being working as the informer of the miscreants. When the police party reached near a wheat field, three miscreants opened fire and the police made retaliatory firing. While these three miscreants including this

Patna High Court CR. MISC. No.80488 of 2025(2) dt.02-12-2025 2/3 petitioner tried to run away from the spot, they were apprehended and from nearby places, recovery of a number of firearms and ammunition were seized.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from person or possession of this petitioner. Whatever recovery has been made it was at the instance of co-accused persons. The signature of the petitioner has been taken on a plain paper and the seizure list was prepared. The petitioner is having clean antecedent. The petitioner is in custody since 24.03.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Danapur in connection with Naubatpur

Patna High Court CR. MISC. No.80488 of 2025(2) dt.02-12-2025 3/3 P.S. Case No. 193 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the 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.

(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) Ashish/- U T