Patna High Court
Shubham Kumar @ Shubham Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs.10,000 and specified conditions.
Summary
Shubham Kumar was arrested on 26 June 2025 in connection with a case registered under Section 309(6) of the Bihar Negotiable Instruments Act. The FIR did not name him; his alleged involvement emerged from a co-accused's confessional statement, and no tip-off was recorded. The prosecution filed a chargesheet and opposed his bail, noting four other pending cases, three of which he was already on bail. The petitioner’s counsel argued that he was not originally named in the FIR and that no material had been recovered from his possession. The High Court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding court attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(6) of the Bihar Negotiable Instruments Act despite the confession of a co‑accused and pending other cases.
- Whether the absence of the petitioner’s name in the FIR and lack of recovered material affect the bail decision.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(6)
Subjects
- bail
- Section 309(6)
- Bihar Negotiable Instruments Act
- confessional statement
- chargesheet
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90890 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- PANJWARA District- Banka
======================================================
Shubham Kumar @ Shubham Kumar Sah S/O Dilip Sah Resident of village -
Khaira, P.S- Amarpur, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr.Sudhir Kumar Mishra, learned counsel for
the petitioner and Mr. Anil Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
26.06.2025 in connection with Panjwara P.S. Case No. 67 of
2025, corresponding to G.R.No.1815 of 2025, F.I.R. dated
25.05.2025 registered for the offence punishable under Section
309(6) of BNS.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel appearing for the petitioner
submits that the petitioner is not named in the FIR. The name of
the petitioner has been transpired during investigation on the
basis of the confessional statement of co-accused person,
namely, Arvind Kumar, till date no TIP has been conducted by
Patna High Court CR. MISC. No.90890 of 2025(2) dt.13-01-2026
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the prosecution, nothing has been recovered from conscious
possession of the petitioner and petitioner has been remanded in
the present case from Panjwara P.S.Case No.847 of 2025 on
26.06.2025. The police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 26.06.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
four more cases other than the present one but fairly submits
that out of four cases, the petitioner is on bail in three cases and
rest one case is pending for consideration before the competent
court of law, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 learned J.M., 1st Class, Banka in
connection with Panjwara P.S. Case No. 67 of 2025,
corresponding to G.R.No.1815 of 2025,with 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
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on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(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)
Nitesh/-
U T
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