Patna High Court
Shani KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Shani Kumar was arrested on 12-12-2025 in connection with a loot case (Case No. 601 of 2025) involving theft of approximately Rs. 10.5 lakh from the house of a Munsif. He was charged under Sections 331(4), 305 and later 317(2), 317(4), 313 of the Bihar Narcotic Substances Act, 2023, based primarily on the confessional statement of a co‑accused, as his name does not appear in the FIR. The petitioner argued that he has a clean antecedent and that no independent evidence links him to the offence. The State opposed bail, citing the seriousness of the offences. The Court, after considering the lack of direct evidence and the petitioner’s clean record, granted bail on a Rs. 10,000 bond with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the BNS Act.
- Whether the evidence, primarily a co‑accused’s confession, is sufficient to justify continued detention.
- Whether the conditions imposed by the Court are adequate to safeguard the trial process.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 305, 313, 317(2), 317(4), 331(4)
Subjects
- bail
- criminal procedure
- loot
- theft
- confessional statement
- co‑accused
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7798 of 2026
Arising Out of PS. Case No.-601 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Shani Kumar S/O Late Bunilal Sah R/O Village- Shitalpur, Pirganj, P.s.-
Dighwara, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 01-05-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioner and Mr. Gauri Shankar Gupta, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.12.2025 in connection with Muffasil P.S. Case No. 601 of
2025, F.I.R. dated 02.11.2025 for the offences punishable under
Sections 331(4) and 305 of the BNS, 2023 but later on Sections
317(2), 317(4) and 313 of the BNS, 2023 were also added.
3. According to prosecution case, some unknown
miscreants have committed loot in the house of Munsif,
Marhaura and altogether articles and cash of around Rs.
10,50,000/- were stolen.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.7798 of 2026(4) dt.01-05-2026
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implicated in the present case. He further submits that the
petitioner was not named in the FIR and his name has been
transpired on the basis of confessional statement of the co-
accused, namely, Raju Basfir @ Raju Dom and expect the
confessional statement of the co-accused, nothing has come
during investigation which suggest the involvement of the
petitioner in the present occurrence. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 12.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 CJM,
Saran, Chapra in connection with Muffasil P.S. Case No. 601 of
2025, 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.
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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
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)
Vanisha/-
U T
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