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Kumar Shivam @ Shivam Kumar v. The State of Bihar

Patna HC14 Mar 2023CR. MISC./7440/2023

Case brief

AI extract

What is this about?

In a plea for regular bail in a serious criminal case involving murder and assault, the High Court observed discrepancies between prosecution allegations and forensic evidence. The court directed the release of the petitioner on bail after the framing of charges.

What did the court decide?

Petitioner directed to be released on bail after framing of charges by furnishing a bail bond of Rs. 10,000 with two sureties.

Kumar Shivam @ Shivam Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7440 of 2023

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Arising Out of PS. Case No.-149 Year-2021 Thana- SITAMARHI District- Sitamarhi

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======================================================

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KUMAR SHIVAM @ SHIVAM KUMAR Son of Late Vinod Bihari Mishra Resident of Mohalla - Laxmana Nagar, Sidha Ashram, Ward No.- 16, P.S.Sitamarhi, District - Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

=============== Appearance :	... ... Opposite Party/s =======================================
For the Petitioner/s	: Mr. Ashish Kumar Ranjan
For the Informant/s	: Mr. Shashank Shekhar
For the State ===============	: Mr. Uday Pratap Singh =======================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

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ORAL ORDER

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3 14-03-2023

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Heard learned counsel for the petitioner, leaned

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counsel for the informant and learned APP for the State.

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The petitioner has prayed for regular bail in a case

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registered for the offence punishable under sections 147, 149, 447, 504, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.

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The prosecution story, in brief, is that the accused persons including the petitioner came at the gate of temple, called out the informant and when he came near the gate, coaccused Satyam caught hold of him and started pulling out. It is further alleged that the accused persons indulged in giving lathi blow and iron rod blow upon the informant. The allegation of firing has been made against this petitioner Kumar Shivam and

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Patna High Court CR. MISC. No.7440 of 2023(4) dt.14-03-2023 2/3

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co-accused Kumar Satyam who allegedly fired four rounds from their pistol causing injury to informant’s wife and Mahanth of the temple. In the said firing, Mahanth Hari Narayan Das @Hari Das died.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of the FIR, allegation against the petitioner is that he fired upon the deceased by firearm due to which he died but the injured wife retracted from prosecution story and stated before the Investigating Officer that the accused persons including the petitioner assaulted the deceased by means of penetrating weapons and this fact has been mentioned in para 98 of case diary. According to the postmortem report, doctor opined that the cause of death is due to haemorrhage and shock leading CR failure, injury caused by sharp penetrating object and wound caused by hard and blunt substance whereas the allegation has been made against the petitioner that he fired upon the deceased due to which he died. There is no any firearm injury in the postmortem report of the deceased, so the prosecution changed the story latter on which is highly suspicious. A statement has been made in para-3 of the petition that the petitioner has got

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Patna High Court CR. MISC. No.7440 of 2023(4) dt.14-03-2023 3/3

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no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 19.12.2022.

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Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

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Having heard learned counsel for the parties and 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 released on bail after framing of charge in connection with Sitamarhi P.S. Case No. 149 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi.

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(Sunil Kumar Panwar, J)

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Amandeep/-

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U T

Kumar Shivam @ Shivam Kumar v. The State of Bihar

Case brief

What is this about?

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Kumar Shivam @ Shivam Kumar v. The State of Bihar

Case brief

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