Patna High Court
Suman Yadav @ Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application is rejected and the lower court's order stands.
Summary
The appellant, Suman Yadav (alias Shubham Kumar), was charged under several provisions of the B.N.S. 2023 and sections 3(1)(r)(s) of the SC/ST Act in a case arising from Khagaria. An anticipatory bail application filed on his behalf was rejected by the District and Additional Sessions Judge. On appeal, the High Court noted that the investigation process had already been completed, with the appellant's mother and a witness present, and that the appellant should surrender and apply for regular bail. The Court found no merit in disturbing the lower court's decision and upheld the rejection of anticipatory bail. Consequently, the appeal was dismissed and the appellant was directed to surrender.
Issues considered
- Whether the anticipatory bail application filed by the appellant should be granted under the provisions of the B.N.S. 2023 and the SC/ST Act
- Whether the order of the District and Additional Sessions Judge rejecting anticipatory bail warrants interference
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- SC/ST Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- surrender
- SC/ST Act
- criminal procedure
- bail application
- appellate court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4426 of 2025
Arising Out of PS. Case No.-27 Year-2025 Thana- SC/ST District- Khagaria
======================================================
Suman Yadav @ Shubham Kumar S/O Pampu Yadav @ Pampu Kumar Yadav
R/O Village - Balha Bazar, Ward no.- 13, P.S- Mansi, District.- Khagaria
... ... Appellant/s
Versus
1. The State of Bihar
2. Sintu Choudhary S/O Late Munna Choudhary R/O Village - Balha Bazar,
Ward no.- 13, P.S- Mansi, District.- Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Maya Shankar Mishra, Advocate
For the Respondent/s : Mr.Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 16-04-2026 Heard Mr.Maya Shankar Mishra, learned counsel for
the appellant and the State.
2. This criminal appeal has been preferred against
the order dated 25.09.2025 passed by the learned District and
Additional Sessions Judge 1st-cum-Special Judge, (S.C./S.T.),
Khagaria in special A.B.P. No. 79/2025 arising out of Khagaria
SC/ST P.S. Case No. 27/2025 for the offences alleged under
sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of B.N.S.
2023 and under section 3(1)(r)(s) of the S.C./S.T. Act whereby
and where under the anticipatory bail application filed on behalf
of the Appellant has been rejected.
3. At the outset, Mr. Jitendra Kumar Singh, learned
Patna High Court CR. APP (SJ) No.4426 of 2025(4) dt.16-04-2026
2/2
APP took this Court to paragraph-73 to show that against all the
accused persons including the appellant herein process has
already been issued/completed and the same has been completed
in the presence of mother of the appellant as also one Govind
Kumar.
4. The lady Police Officer has also incorporated the
photograph in the said paragraph no.73.
5. Considering the aforesaid development that took
place on 13.10.2025 which is prior to the filing of the present
appeal, in that background, it would be appropriate that the
appellant surrender and seek bail.
6. The order passed by the learned District and
Additional Sessions Judge 1st-cum-Special Judge, (S.C./S.T.),
Khagaria, in special A.B.P. No. 79/2025 arising out of Khagaria
SC/ST P.S. Case No. 27/2025 need no interference.
7. The anticipatory bail application is rejected.
(Rajiv Roy, J)
Ravi/-
U T
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