Patna High CourtCR. MISC./2889/2026dismissed

Shivam Kumar v. The State Of Bihar

2026-02-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2889 of 2026 Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria ====================================================== Shivam Kumar Son of Shyamanand Bhagat Resident of Village -Majahida PS -Parbatta District -Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma For the Informant :

Mr. Deepak Kumar, Advocate Mr. Sumit Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-02-2026 Heard the learned counsel for the petitioner, the learned APP for the State, and the learned counsel for the informant.

2. The petitioner apprehends arrest in connection with Chitragupta Nagar P.S. Case No. 86 of 2025, registered for offences under Sections 126(2), 118(1), 109, 61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 27 of the Arms Act. Later, Section 103 of the Bharatiya Nyaya Sanhita, 2023, and Sections 25(1-B)a, 26, and 35 of the Arms Act were added.

3. The allegation against the named FIR accused persons including the petitioner is of killing the deceased by firearm. During the investigation, the involvement of the petitioner Shivam Kumar and co-accused (Makhan Kumar @

Patna High Court CR. MISC. No.2889 of 2026(2) dt.24-02-2026 2/2 Makhan) emerged from the self-inculpatory statements of coaccused Shintu and Mithun. The petitioner participated in planning and conspiracy to commit the murder.

4. Considering the nature and the gravity of the offence, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner in the present case.

5. Accordingly, the application for anticipatory bail is hereby rejected.

6. The petitioner is directed to surrender in the court below within a period of four weeks from today and seek regular bail, failing which the Superintendent of Police, Khagaria will take all steps for the arrest of the petitioner.

7. It is, however, clarified that the observations made herein are limited to the adjudication of the present application and shall not prejudice the case of the petitioner at any subsequent stage of the proceedings.

8. Let a copy of this order be communicated to the Superintendent of Police, Khagaria through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U T