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Patna High Court

SHALU KUMAR @ SHOLU KUMAR @ SALUversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with specific conditions.

Summary

The petitioner, Shalu Kumar, was in custody for a murder case (Case No. 132 of 2021) involving offences under IPC sections 302, 34, 120(B) and Arms Act section 27, based on an FIR lodged by informant Prabha Kumar. The prosecution alleged that the petitioner and four others shot the informant's son, but the post‑mortem showed only two entry wounds, raising doubts about the omnibus charge against all five accused. The petitioner sought bail, arguing that the earlier bail granted to co‑accused Aman Kumar in a related matter should guide the decision and offering conditions to prevent witness intimidation. The State opposed bail, citing the seriousness of the offence and the petitioner’s alleged criminal antecedent under the Excise Act. The High Court, after considering the custody period, the earlier bail order, and the petitioner’s assurances, granted bail with stringent conditions, directing regular appearances before the trial court and police, and prohibiting any tampering with witnesses or evidence.

Issues considered

  • Whether bail should be granted to an accused in a murder case under IPC sections 302, 34, 120(B) and Arms Act 27 despite the seriousness of the offence.
  • Whether the earlier bail granted to a co‑accused (Aman Kumar) influences the bail decision for the petitioner.
  • Whether the risk of witness intimidation or tampering warrants denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • witness tampering
  • pre‑trial detention
  • coordinate bench
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59234 of 2025
                      Arising Out of PS. Case No.-132 Year-2021 Thana- TAJPUR District- Samastipur
                 ======================================================
                 SHALU KUMAR @ SHOLU KUMAR @ SALU Son of Vinod Sah @ Vinod
                 Sah @ Binod Singh R/O Vill.- Gangapur, P.S.- Tajpur (O.P.- Vaini), District -
                 Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N. K. Agarwal, Sr. Advocate
                                                  Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 For the Informant        :       Mr. Abhay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   01-05-2026                    Heard Mr. N. K. Agarwal, learned senior counsel for

                   petitioner and Mr. Abhay Kumar, learned counsel for the

                   informant as also Mr. Jitendra Kumar Singh, learned APP for the

                   State.

                                 2. The petitioner is in custody in connection with

                   Tajpur P.S. Case No. 132 of 2021 for the offence registered

                   under Sections 302, 34, and 120(B) of the Indian Penal Code

                   and section 27 of the Arms Act lodged on 27.03.2021 by the

                   informant, Prabha Kumar @ Prabha Devi.

                                 3. As per the prosecution case, the allegation in the

                   FIR is that upon hearing the bullet sound the informant went

                   down stairs and found her son in a pool of blood with bullet
Patna High Court CR. MISC. No.59234 of 2025(7) dt.01-05-2026
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          hitting his head and body. The named accused, petitioner

          included escaped in two motorcycles. This led to the FIR.

                       4. Learned senior counsel for the petitioner submits

          that omnibus allegation of firing is against all the accused

          persons, the postmortem report records two entry wounds in the

          body whereas there are five named accused. Further, one Aman

          Kumar was extended relief in Cr. Misc. No. 9146 of 2022

          (Aman Kumar Vs. State of Bihar) by a coordinate Bench

          (Annexure- 3) to the petition. He has remain in custody since

          30.03.2024 and further undertakes that if granted relief is/are:-

                                                  i. shall leave the district and will
                                   come to the place only on the date of trial.
                                                  ii. he is ready to move with the
                                   police from the place of residence in the
                                   different district in the place of trial and
                                   back to the residence. If there is any
                                   apprehension from him, might down the
                                   informant/witnesses.
                                                  iii. if it comes to the knowledge of
                                   the trial court/police that at any point of
                                   time        he        has      threatened      the
                                   informant/witness, the Court shall take
                                   immediate steps for cancellation of bail
                                   bonds.
                       5. Learned counsel representing the informant submits

          that the informant is a lady and is a retired government servant.
Patna High Court CR. MISC. No.59234 of 2025(7) dt.01-05-2026
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          He further submits that six witnesses out of eight witnesses have

          been examined and Aman Kumar is now an absconder and due

          to the informant/witnesses always being threatened, a proper

          report     has     already      been     submitted   both   before   the

          Superintendent of Police, Samastipur as also the learned trial

          court.

                       6. Learned counsel for the State also opposes the

          prayer submitting that though under Excise Act, he has criminal

          antecedent.

                       7. Having gone through the submission put forth by

          learned senior counsel for the petitioner and also taking into the

          account the custody period of the petitioner and though Aman

          Kumar is an absconder he was granted relief by a coordinate

          Bench earlier, as recorded above, in that background, this Court

          is inclined to extend him the privilege of bail with conditions.

                       8. Let the petitioner be released on bail on furnishing

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

          like amount each to the satisfaction of learned A.D.J.-1,

          Samastipur, in connection with Tajpur P.S. Case No. 132 of

          2021, subject to the following conditions:

                       (i) one of the bailor should be the family member

          /relative of the petitioner who shall provide official document
Patna High Court CR. MISC. No.59234 of 2025(7) dt.01-05-2026
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          (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to

          show his/her bona fide;

                       (ii) the petitioner 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 her bail

          bond by the Trial Court itself;

                       (iii) the petitioner shall be appearing before the

          concerned Police Station every month for six months to mark

          his attendance and after the end of the period, the certificate

          shall be submitted before the trial court failing which steps shall

          be taken for the cancellation of the bail bonds;

                       (iv) the petitioner 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;

                       (v) the petitioner shall desist from committing any

          criminal offence again, failing which the State shall be at liberty

          to take steps for cancellation of his bail bonds.

                       9. It is made clear that failure on the part of the

          petitioner to abide by any of the undertaking and/or he continues

          to leave in the said district, the trial court /Police shall take

          immediate steps to ensure that the bail granted to him stands
            Patna High Court CR. MISC. No.59234 of 2025(7) dt.01-05-2026
                                                        5/5




                      cancelled.

                                   10. Since the case of Aman Kumar already stands

                      bifurcated, the trial court is also requested to ensure that the trial

                      is concluded at the earliest.


                                                         (Rajiv Roy, J)

Ranjeet/-

U      T


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