Patna High Court
Shambhu Kumar @ ShambhuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
The petitioner, Shambhu Kumar, was charged under IPC sections 307 and 34 and Section 27 of the Arms Act for allegedly shooting an informant on 13 February 2023. He contended that he was falsely implicated as retaliation for a prior case he had filed against the informant, pointing to a 49‑day delay between the incident and the filing of the FIR. The prosecution argued that the petitioner fired at the informant, who required hospital treatment. The High Court noted that the petitioner had been in custody since 31 July 2024 and had no prior criminal record. Considering the circumstances, the Court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding attendance and verification of antecedents. The order emphasized that its observations would not affect the trial.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under the IPC and the Arms Act
- Whether the delay in lodging the FIR and alleged false implication warrant bail
- Whether the petitioner’s lack of criminal antecedent influences the bail decision
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34
Subjects
- bail
- attempt to murder
- IPC
- Arms Act
- false implication
- FIR delay
- criminal antecedent
- high court
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59377 of 2025
Arising Out of PS. Case No.-41 Year-2023 Thana- MATIHANI District- Begusarai
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Shambhu Kumar @ Shambhu, S/o Late Suresh Nishad, R/o Vill- Malhipur
Bindh Toli, P.S.- Chakiya, Distt. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sudha Ambastha, Adv.
Ms. Amrita Kumari, Adv.
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
7 06-02-2026 This is second attempt on behalf of the petitioner
for grant of bail. Earlier, his prayer was rejected vide order
dated 21.04.2025 passed in Cr. Misc. No. 83104 of 2024.
2. Heard the learned counsel for the petitioner and
the learned Addl. Public Prosecutor for the State.
3. The petitioner, who is in custody, seeks bail in
connection with Matihani P.S. Case No. 41 of 2023 registered
for the offence(s) punishable under Section(s) 307/34 of the
Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.59377 of 2025(7) dt.06-02-2026
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4. The prosecution case is to the effect that on
13.02.2023, the co-accused/Nikku Kumar, came to the house of
the informant and asked him to come out and while walking
away from the house, it is alleged that the petitioner and co-
accused/Futuki Mahto came out from the maize field and fired
upon the informant, hitting him in his belly. It is alleged that
thereafter all the three accused persons, including the petitioner,
fled away from the spot.
5. The learned counsel for the petitioner submits
that the petitioner has falsely been implicated in the present case
on account of a previous case lodged against the informant with
regard to the murder of the elder brother of the petitioner, in
which, the petitioner happens to be an eye-witness. It has been
submitted that the incident is said to be of 13.02.2023, whereas
the statement of the informant is said to have been recorded on
19.02.2023 and even the police was informed about the
occurrence on the said day, however the F.I.R. was lodged on
02.04.2023, which goes on to show that as an afterthought, the
name of the petitioner has been inserted only to take revenge for
the previous case which was lodged from the side of the
petitioner. It has further been submitted that there is no
explanation for the delay of forty nine days in lodging of the
Patna High Court CR. MISC. No.59377 of 2025(7) dt.06-02-2026
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F.I.R. It has lastly been submitted that the petitioner carries no
criminal antecedent and he is in custody since 31.07.2024.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail and has submitted
that there is an allegation upon the petitioner to have fired upon
the informant, hitting him on his stomach and he has to undergo
treatment for the same in a hospital at Begusarai.
6. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 31.07.2024, let the petitioner, above-
named, be released on bail on his furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Matihani
P.S. Case No. 41 of 2023, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
Patna High Court CR. MISC. No.59377 of 2025(7) dt.06-02-2026
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found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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