Patna High Court
Shamabhav Kumar @ Shambhav @ SambhavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, holding that the evidence against him is insufficient to justify continued detention.
Summary
Shamabhav Kumar petitioned for regular bail in a case registered under sections 310(2) and 111 of the Bihar Penal Code, alleging theft of jewellery by unknown miscreants. The prosecution’s case rests mainly on a confessional statement of a co‑accused, Bobby, which mentions the petitioner, while the FIR originally named unknown persons. The petitioner contended that there is no direct evidence against him, that he is unrelated to the recovered jewellery, and that he has been in judicial custody since 26‑10‑2025 with only one prior criminal antecedent. The State opposed the bail application. Considering the lack of substantive evidence beyond the co‑accused’s statement and the petitioner’s right to liberty, the Court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under sections 310(2) and 111 of the Bihar Penal Code when the only incriminating material is a co‑accused’s confessional statement.
Subjects
- regular bail
- section 310
- section 111
- confessional statement
- false implication
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18625 of 2026
Arising Out of PS. Case No.-101 Year-2025 Thana- TURKI KHARARU District-
Muzaffarpur
======================================================
Shamabhav Kumar @ Shambhav @ Sambhav S/O Arvind Mahto R/O
Village- Mirjapur Ganj, Marma Gopalpur, P.S- Vidyapati Nagar, Distt.-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 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 310 (2) and
111 of the BNS.
3. The case of the prosecution is that six unknown
miscreants entered in the shop of the informant and committed
theft of jewellery.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
FIR was lodged against unknown miscreants. Name of this
petitioner has surfaced during the course of investigation in the
confessional statement of one Bobby. It is further submitted that
Patna High Court CR. MISC. No.18625 of 2026(2) dt.18-03-2026
2/2
save and except the confessional statement of co-accused, there
is nothing against the petitioner to implicate him. Recovery if
any, has been made from the possession of one Pinky Devi and
petitioner is not related with Pinky Devi in any manner
Moreover, the petitioner is languishing in judicial custody since
26.10.2025 having one criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Turki P.S. Case No. 101 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, First Class, Muzafarpur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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