Patna High Court
Shubham Kumar @ Shubham SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
Shubham Kumar, also known as Shubham Singh, applied for anticipatory bail fearing arrest in a kidnapping case (Shivsagar P.S. Case No. 260 of 2025) under Sections 137(2) and 140(3) of the B.N.S. The prosecution alleged that he had kidnapped the victim, while the petitioner asserted his innocence, citing a victim statement under Section 183 B.N.S.S. that did not implicate him and highlighting his clean antecedents. The State opposed the bail application. The court examined the merits of the anticipatory bail petition under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the B.N.S. The judge found no sufficient ground to deny bail and consequently allowed the application. The petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties, subject to the conditions prescribed in the relevant statutes.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 B.N.S. in the kidnapping case
Legislation cited
- B.N.S. — s. 137(2), 140(3), 183, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- Section 438 CrPC
- Section 482 B.N.S.
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91006 of 2025
Arising Out of PS. Case No.-260 Year-2025 Thana- SHIVSAGAR District- Rohtas
======================================================
Shubham Kumar @ Shubham Singh Son of Ram Bachan Singh Resident of
Village - Sahpur Police Station, Sasaram(M), District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Shivsagar P.S. Case No. 260 of 2025 registered
for the offence under Sections 137(2), 140(3) of the B.N.S.
3. As per the prosecution case, petitioner is
accused of kidnapping the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that from the
statement of the victim recorded under Section 183 B.N.S.S., it
appears that she had not said anything against the petitioner.
Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.91006 of 2025(2) dt.28-01-2026
2/2
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 the learned C.J.M.,
Sasaram/ concerned Court below in connection with Shivsagar
P.S. Case No. 260 of 2025, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.