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Patna High Court

Shubham KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the prolonged custody and the stage of the proceedings, bail must be granted subject to the conditions prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Shubham Kumar and Kanhaiya Kumar were arrested on 18-12-2023 and have been in custody without any criminal antecedent. Their earlier bail application was rejected on 01-08-2025 and an anticipatory bail petition was later withdrawn. The State opposed bail, citing a report that only one witness had been examined after the charge was framed on 17-08-2024. The Court observed that the petitioners had been detained for an extended period and that the trial had not progressed substantially. Consequently, the Court ordered bail on a bond of Rs.30,000, subject to conditions under the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order includes requirements regarding the bailor, appearance before the trial court, and cancellation on non‑compliance or future similar offences.

Issues considered

  • Whether the petitioners are entitled to bail at this stage of the trial despite earlier denial and prolonged custody

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • custody
  • charge framed
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2437 of 2026
                       Arising Out of PS. Case No.-1191 Year-2023 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Shubham Kumar Son of Sri Raju Sah Resident of Village - Samaspura, P.S.-
                  Mahua, District - Vaishali.
           2.    Kanhaiya Kumar Son of Sri Raju Sah Resident of Village - Samaspura, P.S.-
                 Mahua, District - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :       Mr.Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   11-03-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Learned counsel for the petitioners submits that the

                   prayer for bail of the petitioner No.1 has earlier been rejected

                   vide order dated 01.08.2025 passed in Criminal Miscellaneous

                   No. 29728 of 2025 and thereafter the present petitions have

                   preferred anticipatory bail application before this Hon’ble Court

                   but it was dismissed as withdrawn. Learned counsel further

                   submits that the first application was dismissed on merit

                   granting liberty to petitioner no.1 to renew his prayer for bail

                   after three months from today. He further submits that three

                   months has already been lapsed. The petitioners are in custody
Patna High Court CR. MISC. No.2437 of 2026(3) dt.11-03-2026
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          since 18.12.2023 having no criminal antecedent.

                       3. Learned counsel for the State opposes the prayer

          for bail and submits that on earlier occasion a report with regard

          to present stage of trial was called for.

                       4. From perusal of report received from the Distinct

          and Additional Sessions Judge-XIV, Chapra, it appears that

          charge has been framed against two accuse persons on

          17.08.2024 but even after issuance of summons and B/W only

          one witness could be examined.

                       5. In view of this Court since the petitioners are in

          custody since 18.12.2023 and the charge has already been

          framed against the petitioners on 17.08.2024, no purpose shall

          be served keeping the petitioners in custody. As such, let the

          petitioners above named, be granted bail on furnishing bail

          bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in

          Section 2(1) (d) of the BNSS, 2023 to the satisfaction of learned

          Additional Sessions Judge-14th, Saran at Chapra in connection

          with Sonepur P.S. Case No. 1191 of 2023, subject to the

          conditions as laid down under Section 480(3) of the Bharatiya

          Nagarik Suraksha Sanhita, 2023.

                       (i) one of the bailor should be the family member of

          the petitioners who shall provide official document to show
            Patna High Court CR. MISC. No.2437 of 2026(3) dt.11-03-2026
                                                        3/3




                      his/her bona fide;

                                   (ii) the petitioners shall appear on each and every date

                      before the Trial Court and failure to do so for two consecutive

                      dates without plausible reason will entail cancellation of their

                      bail bonds by the Trial Court itself;

                                   (iii) If the petitioners are found involved in similar

                      cases in future, their bail bonds shall be liable to be cancelled.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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