Patna High Court
Shubham Kumar Singh @ Subham @ Subham Kumar @ VikkiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the petitioner has a clean antecedent and no specific allegation of firing against him.
Summary
Shubham Kumar Singh was arrested on 21 September 2025 in connection with FIR No. 314 of 2025, which alleged offences under Sections 308(4), 109, 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The FIR specifically attributes the act of firing to a co‑accused, Kari Singh, and makes no allegation of firing against the petitioner, who claims to be falsely implicated due to village politics. The petitioner, represented by Mr. Madhav Kumar, pleaded for bail, emphasizing his clean antecedent and lack of direct involvement in the alleged firing. The State, through Mr. Ram Bilash Roy Raman, opposed the bail application. The Court, noting the absence of any specific charge of firing against the petitioner and his clean record, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedent but not to delay the release pending verification.
Issues considered
- Whether the petitioner is entitled to bail despite being named in the FIR?
- Whether the lack of a specific allegation of firing against the petitioner justifies granting bail?
- Whether the petitioner’s clean antecedent warrants bail in a case involving serious offences under the BNS Act and Arms Act?
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 308(4), 3(5)
Subjects
- bail
- criminal procedure
- arms act
- false implication
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90915 of 2025
Arising Out of PS. Case No.-314 Year-2025 Thana- ROSERA District- Samastipur
======================================================
Shubham Kumar Singh @ Subham @ Subham Kumar @ Vikki S/o Rajeev
Singh @ Rajiv Singh R/o Village- Arout, P.S- Rosera, Dist- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar, Advocate
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr.Madhav Kumar, learned counsel for the
petitioner and Mr.Ram Bilash Roy Raman, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
21.09.2025 in connection with Rosera P.S. Case No. 314 of
2025, F.I.R. dated 19.09.2025 registered for the offence
punishable under Sections 308(4),109,3(5) of BNS, 2023 and
Section 27 of Arms Act.
3. As per FIR, specific allegation of firing is attributed
against co-accused person, namely, Kari Singh and there is no
allegation of firing against the petitioner.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has
falsely been implicated in the present case. It appears from the
Patna High Court CR. MISC. No.90915 of 2025(2) dt.13-01-2026
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FIR that although the petitioner is named in the FIR but the
specific allegation of firing is attributed against co-accused
person, namely, Kari Singh and petitioner has been made
accused in the present case due to village politics. The police,
after investigation, submitted chargesheet against the petitioner
and the petitioner is in custody since 21.09.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent and there is no allegation of firing against the
petitioner, 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
A.C.J.M.-I, Rosera, Samastipur in connection with Rosera P.S.
Case No. 314 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
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
Patna High Court CR. MISC. No.90915 of 2025(2) dt.13-01-2026
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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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