Patna High Court
Shubham @ Raja @ JhamuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner with a bond of Rs 10,000 and two sureties, subject to specified conditions.
Summary
The petitioner, Shubham @ Raja @ Jhamu, was arrested on 20‑08‑2025 in connection with a theft case (PS Parsa Bazar Case No. 152 of 2025) and charged under Sections 305 and 331(4) of the Bihar Narcotic Substances Act, 2023. He contended that he was not named in the FIR, was only identified through CCTV footage, and that no material was recovered from his possession; moreover, co‑accused had already been granted bail. The State opposed bail, noting two other pending cases against the petitioner, though he was already on bail in those matters. The Court examined the lack of direct evidence, the petitioner’s claim of innocence, and the precedent of bail granted to co‑accused, and decided to release him on bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation, presence, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedents without delaying the bail.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under Sections 305 and 331(4) of the Bihar Narcotic Substances Act, 2023.
- Whether the identification of the petitioner solely through CCTV footage and the absence of seized material justify bail.
- Whether the existence of other pending cases affects the grant of bail in the present matter.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 305, 331(4)
Subjects
- bail
- criminal procedure
- Bihar Narcotic Substances Act
- Section 305
- Section 331(4)
- CCTV evidence
- co‑accused
- pending cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16278 of 2026
Arising Out of PS. Case No.-152 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Shubham @ Raja @ Jhamu S/o Amarlal R/O - Mehandiganj, P.S -
Mehandiganj, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Advocate
For the State : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Mr. Dhirendra Prasad Sinha, learned counsel
for the petitioner and Mr. Raj Ballabh Singh, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
20.08.2025, in connection with Parsa Bazar P.S. Case No. 152
of 2025, F.I.R. dated 16.04.2025 registered for the offences
punishable under Sections 305, 331(4) of the B.N.S., 2023.
3. The F.I.R. of the occurrence of theft is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named
in the F.I.R. and the name of the petitioner has been transpired
during investigation on the basis of CCTV footage and nothing
Patna High Court CR. MISC. No.16278 of 2026(2) dt.12-03-2026
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has been recovered from the conscious possession or the house
of the petitioner and till date no TIP was conducted by the
prosecution. He further submits that co-accused persons
namely Monu @ Monu Kumar @ Monu Chandravanshi and
Prakash @ Prakash Kumar @ Prakash Lal have been granted
bail by a Coordinate Bench of this Court on 11.03.2026 passed
in Cr. Misc. No. 15308 of 2026 and the police after investigation
submitted chargesheet against the petitioner and the petitioner is
in custody since 20.08.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries two more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matters.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1st Class, Patna in connection with
Parsa Bazar P.S. Case No. 152 of 2025, subject to the following
conditions :-
Patna High Court CR. MISC. No.16278 of 2026(2) dt.12-03-2026
3/3
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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)
Ibrar//-
U T
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