Patna High Court
Shambhu Singh @ Shambu Nath Singh @ Shambhunath Yogendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to conditions prescribed under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Shambhu Singh, sought bail in connection with a dacoity case (Andharathari P.S. Case No.111 of 2025) alleged under Sections 310(2) and 311 of the Bharatiya Nyaya Sanhita. The FIR described a robbery involving cash and jewellery, and the petitioner’s name was linked to the crime solely through the confessional statement of co‑accused Kamlesh Kumar. No incriminating material was recovered from the petitioner’s possession, and he has no prior criminal record. The State opposed the bail application, arguing the seriousness of the offences. The Court, noting the absence of material evidence against the petitioner, granted bail subject to conditions under Section 482(2) of the BNSS, including a bond, sureties, and compliance with procedural and conduct requirements.
Issues considered
- Whether bail should be granted to the petitioner under Sections 310(2) and 311 of the BNSS in the absence of incriminating material.
- Whether the confessional statement of a co‑accused is sufficient grounds for arrest and denial of bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate and lawful.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 310(2), 311, 482(2)
Subjects
- bail
- dacoity
- confessional statement
- Section 310
- Section 311
- Bharatiya Nyaya Sanhita
- Section 482
- witness tampering
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3453 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- ANDHRATHARHI District- Madhubani
======================================================
Shambhu Singh @ Shambu Nath Singh @ Shambhunath Yogendra Singh Son
of Yogendra Singh R/o Vill. - Ramna Navtoli, P.S.-Jaynagar, Distt. -
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Pallavi
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Andharathari P.S. Case No.111 of 2025
registered for the offence punishable under Sections 310(2), 311
of the Bharatiya Nyaya Sanhita.
3. As per the FIR, on 24.07.2025, 7–8 persons
entered the house of the informant and committed dacoity of Rs.
3 lakh in cash and jewellery worth approximately Rs. 20 lakh at
gunpoint.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. It is submitted that the petitioner’s name has
Patna High Court CR. MISC. No.3453 of 2026(3) dt.20-02-2026
2/3
surfaced only on the basis of the confessional statement of co-
accused Kamlesh Kumar, and there has been no recovery of any
incriminating article from the conscious or constructive
possession of the petitioner so as to establish his complicity in
the case. Lastly, it is submitted that the petitioner has no
criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that nothing incriminating
has recovered from the possession of the petitioner, let the
above named petitioner, be released on bail, in the event of his
arrest or surrender before the learned Court below within a
period of six weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District and
Additional Sessions Judge-III, Jhanjharpur, Madhubani/
Successor Court in connection with Andharathari P.S. Case
No.111 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
Patna High Court CR. MISC. No.3453 of 2026(3) dt.20-02-2026
3/3
(ii) the petitioner(s) 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 his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
Checking your session…