Shubham Kumar @ MotiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40834 of 2026
                       Arising Out of PS. Case No.-159 Year-2026 Thana- PANAPUR District- Saran
                 ======================================================
                 Shubham Kumar @ Moti Sanjay Singh @ Sanjay Kumar Singh Resident of
                 Village - Ubhwa-Saranpur, P.O. - Rampur Rudra, P.S. - Panapur, District -
                 Saran at Chapra-841424

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jeetendra Narayan
                 For the Opposite Party/s :       Mr. Uday Chand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   28.04.2026 in connection with Panapur P.S. Case No. 159 of

                   2026 for the offence punishable under Section 309(4) of the

                   BNS.

                               3. According to prosecution case, one Vikash Kumar

                   (Informant) furnished a typed report to the SHO of Panapur P.S.

                   on 22.04.2026 at 13:15 hours stating therein that on 21.04.2026

                   he was returning from Siwan by way of Mashrak station by

                   cycle at about 10:00 O'clock night the informant reached at

                   Pokhrera village where from four unknown persons stopped him

                   they were on two Splendour Plus Motorcycles. Four unknown
Patna High Court CR. MISC. No.40834 of 2026(2) dt.30-06-2026
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          persons caught to the Informant wherefrom one person arms

          with Katta assaulted on the head of him resulting blood was

          oozing and one persons snatched Oppo F27 5G mobile phone

          wherein SIM No. 9608419482 was built and the accused

          persons flee away towards Pokhrera Taraiya Road. On the basis

          of the aforesaid written report an FIR was registered as Panapur

          P.S. Case No. 159 of 2026 dated 22.04.2026 for the alleged

          offences punishable under sections 309(4) of the Bharatiya

          Nyaya Sanhita, 2023.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. It is next submitted that initially

          the petitioner was not named in the FIR and the name of the

          petitioner has transpired during the course of investigation on

          the basis of self confessional statement of the petitioner which is

          recorded on 27.04.2026. It is next submitted that nothing has

          been recovered from the conscious possession of the petitioner

          and till date no TIP has been conducted by the prosecution and

          petitioner is in custody since 28.04.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that on the basis of self confessional statement of the
Patna High Court CR. MISC. No.40834 of 2026(2) dt.30-06-2026
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          petitioner, one motorcycle in question was recovered from the

          house of co-accused person.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Judicial

          Magistrate-Ist Class, Saran at Chapra in connection with

          Panapur P.S. Case No. 159 of 2026, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for
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                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T