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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3440 of 2026

Arising Out of PS. Case No.-202 Year-2025 Thana- SACHIVALAYA District- Patna

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Shivam Kumar @ Shivam Choudhary S/o Sonelal Choudhary R/Vill.-

Kathela, P.S.- Kharik, Dist.- Bhagalpur at present Quarter No. D4, Raj

Bhawan, B.G. Camp, P.S.- Sachiwalay, Dist.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s : Mr.Pranav Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioner and learned

APP for the State.

2. In the present case, the petitioner seeks bail in

connection with Sachivalaya P.S. Case No. 202 of 2025,

registered for the offences under Sections 304(2) of the BNS.

3. As per the prosecution case, two bike borne

miscreants snatched the mobile phone of the informant while

the informant has been taking a walk. The name of the petitioner

transpired during investigation for being involved in the said

occurrence.

4. Learned counsel appearing on behalf of the

petitioner submits the petitioner is innocent and has been falsely

implicated in this case. There is no involvement of the petitioner

Patna High Court CR. MISC. No.3440 of 2026(2) dt.28-01-2026

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in snatching the mobile phone and his name came up on the

basis of confessional statement of one Siddharth Gupta which

has got no legal sanctity. No stolen article was recovered from

the possession of the petitioner. Recovery of two mobile phones

have been shown from the petitioner but both the mobile phones

belong to this petitioner. The petitioner has been dragged in this

case due to his criminal antecedents as he is having antecedent

of ten cases and he is in custody since 17.10.2025. Charge sheet

has been submitted.

5. Learned APP appearing for the State opposes the

submission made on behalf of the petitioner. Learned APP

submits that the petitioner is a habitual offendor and is accused

in a number of cases of similar nature.

6. Having regard to the fact and circumstances and

submission made on behalf of the parties and considering the

fact that no recovery of stolen article has been shown from the

petitioner and also considering his period of custody and

submission of charge sheet., the petitioner is directed to be

released on bail, on furnishing bail bonds of Rs.10,000/-

(Rupees Ten Thousand Only) each with two sureties of the like

amount each to the satisfaction of learned ACJM-II,

Patna/concerned court, in connection with Sachivalaya P.S. Case

Patna High Court CR. MISC. No.3440 of 2026(2) dt.28-01-2026

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No. 202 of 2025, subject to the condition laid down under

Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close

relative of the petitioner.

(ii) The petitioner will remain present on

each and every date fixed by the court

below, if so required by the learned trial

court.

(iii) In case of absence on three

consecutive dates or in violation of the

terms of the bail, the bail bond of the

petitioner will be liable to be cancelled

by the court concerned.

(Arun Kumar Jha, J)

Anuradha/-

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