Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88765 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Shivam Kumar S/o- Ashok Prasad Yadav Resident of Village- Janki Nagar Ward No. 5, P.S.- Madhepura, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the State :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 279, 337, 338, 353, 307, 427/34 of the Indian Penal Code.

3. The prosecution case as unfolded in the FIR is that a white colour vehicle was given a signal to stop, but despite the said signal, the driver sped up the vehicle and tried to hit the informant and escaped. The vehicle was chased by the police and two persons, namely, Prashant Kumar and Raunak Kumar were identified by the informant and the local people.

4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case on account of the fact that he is the owner of the said vehicle. However, he

Patna High Court CR. MISC. No.88765 of 2024(5) dt.17-07-2025 2/2 has not been identified as being one of the persons who was present in the said vehicle. It is next submitted that there has been no recovery of any incriminating article from the said vehicle and no injury whatsoever has been caused to any police officials. It is also pointed out by learned counsel for the petitioner that this petitioner has one criminal antecedent and he is on bail in the said case.

5. Learned APP for the State, however, opposes the prayer for anticipatory bail on the ground that the petitioner along with others has obstructed the official duty of the police.

6. Considering the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Madhepura P.S. Case No.1 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.

(Soni Shrivastava, J) divyanshi/- U T