Patna High Court
Shubham Kumar @ K.T.M. @ Aditya Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner as the allegations did not specifically implicate him and the court exercised its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Shubham Kumar, sought anticipatory bail fearing arrest in a case involving alleged offences under multiple sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that on 29 August 2025, a group of hostel students assaulted an informant and his friends during a search for a missing girl. The petitioner argued he was not named in the FIR and his alleged involvement emerged only from a co‑accused’s confessional statement without any specific allegation. The State opposed the bail, contending the seriousness of the offences. The Court, noting the lack of direct incrimination and the precedent of anticipatory bail granted to a co‑accused, allowed the petition and ordered that the petitioner be released on bail upon surrender within eight weeks, subject to a bail bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the lack of the petitioner's name in the FIR and the vague reference in a co‑accused’s statement justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118, 126(2), 127(2), 140(3), 303(2), 308(5), 3(5), 61(2)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- bail bond
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30757 of 2026
Arising Out of PS. Case No.-599 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Shubham Kumar @ K.T.M. @ Aditya Kumar Jha S/O Mahesh Kumar Jha
R/O East Tola Kortho, P.O. and P.S.- Kortho, Distt.- Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amritanshu Raj, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 127(2), 115(2),
118, 109, 308(5), 303(2), 140(3), 61(2), 3(5) of the Bharatiya
Nyaya Sanhita.
3. Prosecution case, in brief, is that on 29.8.25,
daughter of the informant went missing and during course of
search, 40-50 students of the hostel assaulted informant and his
friends with knives, rods, bamboo, belts, wires, etc.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during course
of investigation in confessional statement of co-accused Dhiraj
Kumar without assigning any specific role. It is further
Patna High Court CR. MISC. No.30757 of 2026(2) dt.12-05-2026
2/2
submitted that co-accused Sabina Haque has already been
granted anticipatory bail by this Court vide order dated
19.01.2026 passed in Cr. Misc. No. 91579 of 2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering aforesaid facts and circumstances of
the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class
XIV, Patna in connection with Kadamkuan P. S. Case No. 599 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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