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Patna High Court

Shubham Kumar @ ManuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

Shubham Kumar @ Manu was arrested in a case registered under Sections 126(2), 115(2), 308(5), 109(1), 352, 351(2) and 3(5) of the B.N.S. for allegedly demanding a ransom of Rs. 50,000 to prevent the movement of an informant's tractor and for an alleged assault on Prince Kumar. The petitioner, who has twelve prior criminal cases and has been in judicial custody since 18‑11‑2025, applied for regular bail, claiming innocence and that no amount was actually given to him. The State opposed bail, emphasizing the petitioner’s extensive criminal antecedent. The Court examined the facts, noting that the prosecution’s case rested only on a demand allegation and that the petitioner’s prior cases, while serious, did not automatically preclude bail. Consequently, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the S.D.J.M., Rosera, Samastipur. The bail order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether regular bail should be granted to the petitioner despite multiple serious charges and a history of twelve prior criminal cases

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 126(2), 308(5), 3(5), 351(2), 352

Subjects

  • bail
  • regular bail
  • criminal antecedent
  • ransom demand
  • Bihar High Court
  • multiple charges

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15251 of 2026
                   Arising Out of PS. Case No.-408 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Shubham Kumar @ Manu, S/o Late Sita Ram Singh, Resident of Village-
                 Patailiya, P.S.- Bibhutipur, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhav Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   16-04-2026                  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 126(2),

                   115(2), 308(5), 109(1), 352, 351(2) and 3(5) of the B.N.S.

                                3. The case of the prosecution, in short, is that the

                   petitioner has demanded Rs. 50,000/- as ransom, failing which

                   he will not allow the tractor of the informant to move. The

                   allegation of assault is on Prince Kumar.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner has submitted that in

                   this case, there is only allegation of demand. No amount was
             Patna High Court CR. MISC. No.15251 of 2026(3) dt.16-04-2026
                                                         2/2




                       given to the petitioner. It has further been submitted that learned

                       trial Court has rejected the bail petition of this petitioner only on

                       the ground that he is having criminal antecedent of 12 cases. He

                       is languishing in judicial custody since 18.11.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of 12 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. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       S.D.J.M., Rosera, Samastipur in connection with Bibhutipur P.S.

                       Case No. 408 of 2025.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


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