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Patna High Court

Shubham Kumar @ Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner as he is not named in the FIR and no specific accusation exists against him.

Summary

The petitioner, Shubham Kumar, sought bail fearing arrest in a case (PS No.730/2025) involving offences under the BNS and the Arms Act. He argued that he is not named in the FIR and that the only specific accusation of firing a weapon pertains to co‑accused Abhishek Kumar, who had already been granted bail. The State contended that the petitioner was also a co‑accused present at the scene and participated in the crime. The Court noted the petitioner’s young age, clean antecedent, and the absence of any direct charge against him in the FIR. Consequently, the Court ordered his release on bail subject to a bond, sureties, and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether bail can be granted to a person not named in the FIR but alleged to be a co‑accused.
  • Whether the absence of a specific accusation against the petitioner warrants bail under criminal procedure.

Legislation cited

  • Arms Act — s. 27
  • BNS — s. 109(1), 115(2), 126(2), 3(5), 352
  • BNSS — s. 482(2)

Subjects

  • bail
  • FIR
  • co‑accused
  • Arms Act
  • Section 482
  • criminal procedure
  • age
  • antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90741 of 2025
                 Arising Out of PS. Case No.-730 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Shubham Kumar @ Rahul Kumar Son of Saheblal @ Saheb Lal Rai, Resident
                 of village - Sipara, P.S.- Ram Krishna Nagar/Beur, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Md. Anwar, Adv.
                 For the Opposite Party/s :     Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard learned Advocate for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Ram Krishna Nagar P.S. Case No.730 of 2025 registered

                   for the offences punishable under Sections 126(2), 115(2), 352,

                   109(1), 3(5) of the BNS and Section 27 of the Arms Act.

                                3. Allegedly, in the evening of the fateful day, the

                   informant was called upon by co-accused Abhishek Kumar near

                   Patna Convent School, Ram Krishna Nagar. When the informant

                   arrived there, he found co-accused Abhishek Kumar, Amarjeet

                   Yadav and Chandan Kumar along with 4-5 unknown persons

                   were standing there by parking their bikes. It is further alleged

                   that initially all the accused persons started abusing the

                   informant and, in the meanwhile, co-accused Abhishek Kumar
Patna High Court CR. MISC. No.90741 of 2025(2) dt.15-01-2026
                                            2/3




          wiped out his pistol and fired upon him, due to which he

          sustained bullet injury in his neck.

                       4. Learned Advocate for the petitioner contended that

          the petitioner is not named in the FIR and moreover bare

          reading of the FIR, it is evident that it is co-accused Abhishek

          Kumar, who fired upon the informant due to which he received

          bullet injury in his neck. So far the petitioner is concerned, his

          named has surfaced in the confession statement of co-accused

          Abhishek Kumar, as one of his friends, who was present at the

          place of occurrence.

                       5. Learned Advocate for the petitioner further

          apprised this Court that co-accused Abhishek Kumar against

          whom there is specific accusation of causing firearm injury, now

          he has been granted regular bail by the court below in R.B.P.

          No.2610/2025 vide order dated 09.12.2025. The petitioner bears

          fair antecedent and he undertakes that he will fully cooperate in

          the proceeding of the Court.

                       6. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          petitioner was also one of the co-accused persons, who was

          present at the place of occurrence and participated in the crime,

          in which the informant had sustained bullet injury over vital part
              Patna High Court CR. MISC. No.90741 of 2025(2) dt.15-01-2026
                                                          3/3




                        of his body.

                                     7. Having considered the submissions set forth by the

                        learned Advocate for the respective parties and taking note of

                        the tender age of the petitioner and his fair antecedent, besides

                        the fact that he is neither named in the FIR nor there is any

                        specific accusation against him, let the above named petitioner,

                        be released on bail, in the event of his arrest or surrender before

                        the learned Court below within a period of four weeks from

                        today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)

                        with two sureties of the like amount each to the satisfaction of

                        learned Judicial Magistrate 1st Class-15, Patna in connection

                        with Ram Krishna Nagar P.S. Case No.730 of 2025, subject to

                        the condition as laid down under Section 482(2) of the BNSS,

                        with further condition that one of the bailors shall be the

                        own/close family members of the petitioner.



                                                    (Harish Kumar, J)
rohit/-

U         T


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