Created by Fuzzy Cloud

Patna High Court

Shubham KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

Shubham Kumar was arrested on 22 July 2025 in connection with FIR No. 75 of 2025 alleging that he, along with three others, fired pistols at a husband who later died, violating Sections 61(2) and 103(1) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The petitioner contended that he had a clean antecedent, was not originally named in the FIR, and was implicated only through the confessional statements of co‑accused, while similarly situated co‑accused Alok Kumar and Rahul Kumar had already been granted bail. The prosecution opposed bail, arguing the seriousness of the offences and the involvement in a fatal shooting. The High Court noted the petitioner’s clean record, the fact that he was a later addition to the charge sheet, and the precedent of bail granted to co‑accused. Accordingly, the Court ordered his release on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order directed that the bail bond not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 61(2), 103(1) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act despite the gravity of the alleged shooting resulting in death.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Bharatiya Nyay Sanhita
  • clean antecedent
  • confessional statement
  • shooting incident
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12748 of 2026
                  Arising Out of PS. Case No.-75 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
                 ======================================================
                 Shubham Kumar S/O Shankar Poddar R/O Village- Ramdiri, Ward no. 4,
                 Nakti tola, PS- Maithani, Distt- Begusarai.


                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mukesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   03-04-2026                      Heard Mr. Mukesh Kumar, learned counsel for the

                   petitioner as well as Mr. Uday Chand Prasad, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   22.07.2025 in connection with Lohianagar P.S. Case No. 75 of

                   2025, F.I.R. dated 14.07.2025 for the offences punishable under

                   Sections 61(2), 103(1) of the Bharatiya Nyay Sanhita, 2023 and

                   Section 27 of Arms Act.

                               3. According to prosecution case, it is alleged that on

                   14.07.2025 at about 10.50 AM when the informant was

                   returning her home, she saw four FIR named accused persons

                   riding on two bikes, armed with 2-2 pistols, started firing at his

                   husband and his friend, due to which, both got injured and later
Patna High Court CR. MISC. No.12748 of 2026(3) dt.03-04-2026
                                            2/4




          taken to hospital for treatment where informant’s husband died

          during treatment.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. Initially the petitioner was not

          named in the FIR and his name transpired on the basis of

          confessional statement of co-accused person and thereafter

          confessional statement of the petitioner was also taken. From

          bare perusal of the FIR it appears that informant has herself

          stated that four person have fired upon her husband but she did

          not stated anything about the petitioner and similarly situated

          co-accused person, namely, Alok Kumar and Rahul Kumar,

          against whom it is alleged that they have fired upon the victim

          have been granted the privilege of bail by the co-ordinate Bench

          of this Court vide order dated 23.02.2026 in Cr. Misc. No.

          90261 of 2025. He further submits that the police after

          investigation submitted the charge sheet against the petitioner

          and the petitioner is in custody since 22.07.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and initially petitioner was not
Patna High Court CR. MISC. No.12748 of 2026(3) dt.03-04-2026
                                            3/4




          named in the FIR and similarly situated co-accused person

          against whom it is alleged that they have fired upon the victim

          have been granted the privilege of bail by the co-ordinate Bench

          of this Court, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned Chief Judicial Magistrate, Begusarai in connection with

          Lohianagar P.S. Case No. 75 of 2025,subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
            Patna High Court CR. MISC. No.12748 of 2026(3) dt.03-04-2026
                                                        4/4




                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.