Patna High Court
Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 61(2)
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
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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
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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
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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
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