Patna High CourtCR. MISC./82263/2025bail granted

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

2026-01-27Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82263 of 2025 Arising Out of PS. Case No.-268 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Shivam Singh @ Shivam Kumar Singh S/o Satyendra Singh R/ol VillageMahedew ,P.S- Sahiyara , District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2026 Heard Mr. Vijay Shankar Shrivastava, learned counsel for the petitioner and Mr. Shyam Kumar Singh, learned APP for the State.

2. The petitioner seeks bail, who is in custody since 27.05.2025 in connection with Dumra P.S. Case No. 268 of 2023, F.I.R. dated 31.05.2023 for the offences punishable under Section 395 of the Indian Penal Code.

3. According to prosecution case, petitioner and other accused persons are alleged to have fired upon the informant due to which he sustained firearm injury in his right hand.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Learned counsel further submits that the petitioner is not named in the FIR, his name has been transpired on the basis of confessional statement of co-accused person, namely, Aman Kumar @ Aman Yadav and thereafter petitioner was

Patna High Court CR. MISC. No.82263 of 2025(3) dt.27-01-2026 2/3 apprehended in Dumra P.S. Case No. 494/2023 and he has also confessed his guilt in the present occurrence and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of petitioner in the present occurrence. He further submits that no incriminating material has been recovered from the conscious possession of the petitioner and till date no TIP has been conducted by the prosecution. The police after investigation, submitted chargesheet and he is in custody since 27.05.2025.

5. Learned APP has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries eleven criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in ten cases and in one case he has been acquitted by the learned trial court.

6. Considering the aforesaid facts and circumstances of the case and also the fact that the petitioner is not named in the FIR, the name of petitioner has been transpired on the basis of confessional statement of co-accused person and till date no TIP has been conducted by the prosecution, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.82263 of 2025(3) dt.27-01-2026 3/3 each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Dumra P.S. Case No. 268 of 2023, with the following conditions:

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ranjeet/- U T