Patna High Court
Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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 Their earlier bail application was rejected on 01-08-2025 and an anticipatory bail petition was later withdrawn.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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 480(3)
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
2/3
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
Checking your session…