Patna High Court
Shubham Kumar @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
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
Checking your session…