Patna High Court
Subham KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Subham Kumar was arrested on 7 January 2025 in connection with a shooting incident at a medicine shop, alleged under IPC sections 341, 307, 34, 302 and Arms Act section 27. The prosecution claims the informant identified the miscreants, that co‑accused and the petitioner confessed, and that the weapon was supplied by another accused, Vikas Singh, whose confession was also recorded. The petitioner argues he was falsely implicated, that the CCTV footage identifying him was never produced, and that no other material links him to the crime. The court noted the seriousness of the offences, the recorded confessions and the petitioner’s history of twelve similar cases. Consequently, the court refused the bail application.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences and the existence of confessional statements.
- Whether the identification of the petitioner through unrevealed CCTV footage and the informant’s testimony is sufficient to justify bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 34, 341
Subjects
- bail
- IPC
- murder
- attempt to murder
- arms act
- confession
- identification
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85338 of 2025
Arising Out of PS. Case No.-102 Year-2024 Thana- NAUBATPUR District- Patna
======================================================
Subham Kumar Son of Rajesh Kumar @ Pampam R/o Village - Naubatpur
Field, P.S. - Naubatpur, District -Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samrendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 25-03-2026 Heard Mr. Samrendra Kumar Jha, learned counsel
for the petitioner and Mr. Nawal Kishore Prasad, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.01.2025 in connection with Naubatpur P.S. Case No. 102 of
2024, F.I.R. dated 12.02.2024 for the offences punishable under
Sections 341, 307 and 34 of the Indian Penal Code and Section
27 of the Arms Act and later on Section 302 of the Indian Penal
Code was added.
3. According to prosecution case, two miscreants came
at the medicine shop of the informant where the informant along
with his father were sitting and one of the miscreant fired upon
the informant's father and fled away.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.85338 of 2025(4) dt.25-03-2026
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petitioner is innocent and he has falsely been implicated in the
present case. He further submits that petitioner was initially not
named in the FIR but during investigation on the basis of the
CCTV footage his name has been transpired where the
informant has identified the petitioner. Except the aforesaid, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence. Even the informant has not handed over the said
CCTV footage to the prosecution and due to some previous
dispute the informant has implicated the petitioner reason best
known to the informant itself.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the informant has identified the miscreants who
shot fire upon the father of the informant and the police have
apprehended the co-accused persons. Later on, the said co-
accused person and this petitioner have confessed their guilt in
the present crime in question and they have also confirmed the
police that the arm which was used in the present crime in
question has been provided by the co-accused, namely, Vikas
Singh. Thereafter, the confessional statement of Vikas Singh
was also recorded. Apart from that the petitioner carries twelve
Patna High Court CR. MISC. No.85338 of 2025(4) dt.25-03-2026
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cases of almost similar nature other than the present one.
6. Considering the aforesaid facts and circumstances,
I am not inclined to enlarge the petitioner on bail in connection
with Naubatpur P.S. Case No. 102 of 2024 pending in the court
of learned Additional Chief Judicial Magistrate-VI, Danapur.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
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