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2026 DAILYLAW 482 (PAT)

Shivam Kumar v. The State of Bihar

CR. MISC./18334/2026 · 2026-03-24

Rajesh Kumar Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18334 of 2026 Arising Out of PS. Case No.-71 Year-2025 Thana- SIMRA District- Aurangabad ====================================================== Shivam Kumar S/o- Ram Naresh Baghel @ Ram Naresh Resident of Village- Imlia, P.S.- Bagchini, District- Muraina, Madhya Pradesh ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 24-03-2026 Heard Mr. Binod Kumar Pandey, learned counsel for the petitioner and Mr. Ram Naresh Ray, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 22.11.2025 in connection with Simra P.S. Case No. 71 of 2025, F.I.R. dated 22.11.2025 for the offences punishable under Sections 137(2), 140(4) and 3(5) of the BNS, 2023. 3. According to prosecution case, the informant stated that while she was doing household work at her home then two accused persons including this petitioner came on bike and forcibly abducted her. It is further alleged that the informant's family members chased them and apprehended the petitioner while the other co-accused managed to escape. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.18334 of 2026(2) dt.24-03-2026 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact, the petitioner was in love with the victim and they have mutually decided to meet each other secretly but after the lodging of the present FIR the informant has narrated the false story against the petitioner. He further submits that from perusal of the FIR it appears that the informant who is also the victim of the case was with the petitioner but when her family members chased them, then the present FIR was lodged against the petitioner. The petitioner is in custody since 22.11.2025. 5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, 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 each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Simra P.S. Case No. 71 of 2025, subject to 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 Patna High Court CR. MISC. No.18334 of 2026(2) dt.24-03-2026 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his 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. Vanisha/- (Rajesh Kumar Verma, J) U T