Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89645 of 2025 Arising Out of PS. Case No.-651 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Shivam Kumar Son of Indradev Paswan R/O Village - Rajupur, P.S.- Dandari, District - Begusarai. And R/O Vill.- Ward No.- 36, Pokhariya, P.S.- Begusarai, District - Begusarai, State - Bihar, Pin - 851101 At Present R/O Village - Balidari @ Balidani Durga Asthan, @ Sthan Jhoparpatti, P.S.- Nagar, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Town P.S. Case No. 651 of 2024 registered for the offence punishable under Sections 109(1), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that some unknown miscreants have fired thriced at the informant from a distance of 2-2.5 meters.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.89645 of 2025(3) dt.13-03-2026 2/3 case. He also submits that the name of this petitioner has transpired during the investigation on the suspicion of spy. According to the spy, the informant and the petitioner and the petitioner's wife were students of the same class. It is further alleged that there was an illicit relationship between the informant and the wife of the petitioner, and due to that, he has fired at the informant. As per the statement of the spy, the petitioner and the informant were both friends and were classmates. He also submits that in the FIR, it is stated that the firing was made from a close range and the time of occurrence was 04:45 PM, it means the firing was made in daylight.
Had the petitioner been the friend of the informant, the informant could have easily identified him, but the informant has stated in his FIR that he could not identify the assailant. He further submits that save and except the statement of the spy, there is nothing against the petitioner. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 28.04.2025.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.89645 of 2025(3) dt.13-03-2026 3/3 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No. 651 of 2024.
(Ashok Kumar Pandey, J) Sudhanshu/- U T