Patna High Court
Shambhu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioner, finding the shooting allegation to be a super‑addition against a co‑accused.
Summary
Shambhu Kumar was arrested in connection with a case (PS No. 187 of 2025) alleging assault on an informant and a shooting that resulted in a chest wound. The petitioner contended that the allegation of him firing the pistol was a super‑addition, noting that no empty cartridges were recovered and that the actual shooting was attributed to co‑accused Alok Kumar Gupta. He also highlighted his clean criminal record and that he had been in custody since 8 December 2025. The State opposed the bail application. The Court examined the evidence, found the firing charge to be directed at the co‑accused and considered the lack of material linking the petitioner to the shooting, and consequently ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations of assault and involvement in a shooting
- Whether the charge of firing a pistol against the petitioner constitutes a super‑addition lacking evidentiary support
Subjects
- bail
- super addition
- criminal procedure
- assault
- attempted murder
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14769 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Shambhu Kumar son of Late Parmanand Sha Resident Of Village-
Sahebpurkamal Ps- Sahebpurkamal District -Begusarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Amit Prakash, Advocate
For the Opposite Party : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with S.
Kamal P.S. Case No. 187 of 2025 dated 04.06.2025, registered
for the offence under Sections 126(2), 115(2), 352, 351(1),
351(2), 109(1), 3(5) of the Bhartiya Nayay Sanhita.
3. It is alleged that all the FIR named accused persons
including the petitioner assaulted the informant, upon protest
being made, on the exhortation of the petitioner, namely,
Shambhu Kumar, one co-accused Alok Kumar Gupta shot him
by pistol which hit in his chest.
4. Learned counsel appearing for the petitioner
submits that as regards the allegation of order giver is
concerned, the same appears to be a super addition so as to
Patna High Court CR. MISC. No.14769 of 2026(2) dt.12-03-2026
2/2
assign an overt act against him and the allegation of firing by
the petitioner also appears to be a super addition as no empty
cartridges were recovered from the place of occurrence. It has
been further submitted that the accusation of firing upon the
informant is against co-accused Alok Kumar Gupta and the
petitioner has nothing to do with the offence. He further submits
that the petitioner has no criminal antecedents and he is in
custody since 08.12.2025.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the accusation of firing upon the informant is
against co-accused Alok Kumar Gupta, let the, above named,
petitioner 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 learned Chief Judicial Magistrate,
Biharsharif, Nalanda, in connection with S.Kamal P.S. Case No.
187 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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