Allowed¶20

Shivam Kumar @ Bipin Kumar v. The State of Bihar

Patna HC7 Apr 2025CR. MISC./797/2025

Case brief

AI extract

What is this about?

Bail granted; CRIMINAL MISCELLANEOUS No.797 of 2025; Patna High Court; decided 07-04-2025; Justice Rudra Prakash Mishra; petitioner Shivam Kumar @ Bipin Kumar; Hulasganj P.S. Case No. 71 of 2023, District Jehanabad; offences under Sections 392 & 34 IPC; custody since 30-11-2024; not named in FIR; name surfaced during investigation; alleged sale of identified motorcycle BR02AP-5078 to petitioner; no recovery from possession; bail bonds Rs. 10,000/- (Ten Thousand) with two sureties of like amount each; informant robbed of mobile and backpack containing Rs. 40,000/-.

What did the court decide?

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Hulasganj P.S. Case No. 71 of 2023. ¶20

Shivam Kumar @ Bipin Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.797 of 2025

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Arising Out of PS. Case No.-71 Year-2023 Thana- HULASGANJ District- Jehanabad

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

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Shivam Kumar @ Bipin Kumar S/o Pappu Prasad R/o Village- Pachalova (Panchlowa), PS- Islampur, Distt- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dheeraj Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

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2. The petitioner seeks bail in connection with Hulasganj P.S. Case No. 71 of 2023 instituted for the offence under Sections 392 & 34 of the Indian Penal Code.

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3. Prosecution case in short is that while the informant was on his way, he was accosted with six miscreants who have snatched his mobile and backpack containing Rs. 40,000/- etc. and fled away. It is claimed by the informant that he has identified one motorcycle bearing registration No. BR02AP-5078.

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Patna High Court CR. MISC. No.797 of 2025(3) dt.07-04-2025 2/3

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-11-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

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5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. It is submitted that during investigation, it is allegedly revealed that the motorcycle, which is claimed to be identified by the informant, is sold to the petitioner. In this connection, learned counsel for the petitioner submits that petitioner has never purchased the motorcycle in question and he has been falsely implicated. Nothing has been recovered from the possession of the petitioner.

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6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being no recovery from the petitioner’s possession, this Court is inclined to grant bail to the petitioner.

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8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

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Patna High Court CR. MISC. No.797 of 2025(3) dt.07-04-2025 3/3

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two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hulasganj P.S. Case No. 71 of 2023.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Shivam Kumar @ Bipin Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shivam Kumar @ Bipin Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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