Allowed

Shivam Kumar Bhaiya @ Shivam Bhaiya v. The State of Bihar

Patna HC13 Aug 2025CR. MISC./27093/2025

Case brief

AI extract

What is this about?

Anticipatory bail application allowed provisionally for six weeks pending verification of antecedents. Court set bail bonds and two sureties, reserving confirmation contingent on disclosure of all prior cases.

What did the court decide?

Provisional anticipatory bail for six weeks upon surrender and payment of Rs. 25,000 bond with two sureties, subject to confirmation after antecedent verification.

Shivam Kumar Bhaiya @ Shivam Bhaiya Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27093 of 2025

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Arising Out of PS. Case No.-498 Year-2024 Thana- RAMPUR District- Gaya

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

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Shivam Kumar Bhaiya @ Shivam Bhaiya S/O Moti Lal Bhaiya @ Sanjay Bhaiya Resident of Village- karsilli, P.S- Vishnupad, Distt.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Aryan Singh For the Opposite Party/s : Mr.Arun Kumar, APP Mr. Praveen Kumar, Adv ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 13-08-2025

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1. Heard learned counsel for the petitioner, learned

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A.P.P. for the State and the learned counsel appearing on behalf of the informant.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 127(2), 115(2), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita.

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3. Learned counsel appearing on behalf of informant, at the outset, submits that petitioner has not approached this Court with clean hands. It is next submitted that at Para-3, it has been pleaded that petitioner has antecedent of six cases but then petitioner has not disclosed Rail P.S. Case No. 85 of 2023 dated 24-3-2023 instituted against him by one Vivek Kumar Bhaiya.

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Patna High Court CR. MISC. No.27093 of 2025(3) dt.13-08-2025 2/4

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4. The learned counsel for the petitioner rebuts the said submission of the learned counsel appearing on behalf of informant and submits that petitioner has antecedent of 6 cases only, as pleaded at para-3 of the anticipatory bail application.

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5. The learned counsel for the petitioner further submits that informant alleges that he had gone to receive his guest ( jajmaan ) from the railway station, when he was intercepted by the accused persons including the petitioner, who assaulted him by an iron rod causing injury on head and when Saket tried to save him, he was also assaulted by leg, fist and butt of pistol, further the accused persons snatched his belongings, as detailed in the FIR and the guest fled.

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6. Learned counsel appearing on behalf of the petitioner submits that both petitioner and informant are pandas and the cases instituted against the petitioner, as pleaded at para 3 of the anticipatory bail application, are also with respect to similar offences. It is next submitted that jajmaan of the petitioner is taken by other pandas, as such fight at times ensues. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that though there is allegation of assault but then it has not been specifically alleged that it was the petitioner who assaulted.

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Patna High Court CR. MISC. No.27093 of 2025(3) dt.13-08-2025 3/4

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7. The learned counsel appearing on behalf of the informant opposes the anticipatory bail application and submits that petitioner no doubt is a panda but then he does not want other pandas to prosper. It is reiterated and submitted that petitioner has not approached this Court with clean hands.

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8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rampur P.S. Case No. 498 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

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9. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than six cases, then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of six cases in that event the provisional anticipatory

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Patna High Court CR. MISC. No.27093 of 2025(3) dt.13-08-2025 4/4

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bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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Sumit/-

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U T

Shivam Kumar Bhaiya @ Shivam Bhaiya v. The State of Bihar

Case brief

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Shivam Kumar Bhaiya @ Shivam Bhaiya v. The State of Bihar

Case brief

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