Patna High Court
Shubham Kumar @ Chadha @ Shubham ChaddaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to conditions of cooperation and attendance.
Summary
The petitioner, Shubham Kumar, was arrested in connection with a murder that occurred on 12 July 2024, alleged under Sections 103 and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The FIR named unknown miscreants, but two co‑accused, Vivek Kumar and Rohit Kumar, gave confessional statements implicating the petitioner, who has been in judicial custody since 29 May 2025. The State opposed bail, highlighting the petitioner’s nine prior criminal cases. The petitioner’s counsel argued that, apart from the co‑accused’s confessions, there was no direct evidence against him. After hearing both sides, the court considered the lack of independent evidence and the petitioner’s willingness to cooperate, and ordered his release on regular bail with strict conditions. The bail was granted upon furnishing a bond of Rs.10,000 with two sureties and compliance with attendance requirements.
Issues considered
- Whether the petitioner is entitled to regular bail despite confessional statements of co‑accused naming him.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103, 3(5)
Subjects
- bail
- confessional statement
- criminal antecedent
- murder
- Arms Act
- Section 103
- Section 3(5)
- Section 27
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13898 of 2026
Arising Out of PS. Case No.-627 Year-2024 Thana- DANAPUR District- Patna
======================================================
Shubham Kumar @ Chadha @ Shubham Chadda S/o Shri Shambhu Nath
Gupta R/o Mohalla- Pethiya Bazar, P.S.- Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 103 and
3(5) of the BNS as well as Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
marriage of the informant was solemnized in the year 2019
with one Manoj Kumar @ Jitendra. On 12.07.2024, when the
husband of the informant was returning at 07:00 P.M., it is
alleged that unknown miscreants have killed the husband of the
informant.
4. Learned counsel for the petitioner submits that the
FIR was lodged against unknown miscreants. During course of
investigation, Vivek Kumar and Rohit Kumar have have given
Patna High Court CR. MISC. No.13898 of 2026(2) dt.25-02-2026
2/2
their confessional statement and they have named this petitioner
in their confessional statement. It has been submitted that save
and except the confessional statement of other co-accused Vivek
and Rohit, there is nothing against the petitioner. The petitioner
is languishing in judicial custody since 29.05.2025.
5. Learned APP for the State has vehemently opposed
the bail and has submitted that the petitioner is having criminal
antecedent of nine cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall co-operate in the trial and shall remain
physically present on each and every date in the trial court
and shall mark his attendance weekly at Danapur P.S. The
above named petitioner is directed to be released on bail in
connection with Danapur P.S. Case No. 627 of 2024 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-VI, Danapur.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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