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Patna High Court

Shubham Kumar @ K.T.M. @ Aditya Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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