Patna High Court
Shubham Kumar @ Shubham Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
Shubham Kumar applied for regular bail in a case registered under sections 309(4) and 309(6) of the Bharatiya Nyaya Sanhita, 2023, alleging that he was falsely implicated in a robbery of Rs.45,000. He had been in custody since 9 September 2025, and the charge‑sheet was filed without his being produced for a T.I. parade, and no incriminating article was recovered from him. The prosecution relied on a delayed witness statement and a confession made before police, which the defence argued were unreliable. The court noted the absence of any seized material, the prolonged pre‑trial detention, and the questionable value of the statements, and therefore ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Additional Chief Judicial Magistrate‑I, Banka.
Issues considered
- Whether regular bail should be granted when the accused has been in custody for over six months, the charge‑sheet was filed without a T.I. parade, and no incriminating material has been recovered.
- Whether the witness statement recorded a month after the incident and the alleged confession before police constitute sufficient grounds to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 309(6)
Subjects
- regular bail
- pre‑trial detention
- T.I. parade
- charge sheet
- confessional statement
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91558 of 2025
Arising Out of PS. Case No.-159 Year-2025 Thana- DHORAIYA District- Banka
======================================================
Shubham Kumar @ Shubham Kumar Sah, S/o- Dilip Sah, R/v- Khaira, PS-
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. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 19-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Dhoraiya P.S. Case
no.159 of 2025, registered under sections 309(4) and 309(6) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that he is employed in a private bank and does the work of
disbursement and collection of the loan amount. While returning
along with the collected loan amount, it is stated that three
unknown accused persons dashed their motorcycle with his
vehicle as a result of which he fell down. On the point of
revolver, they took away a total amount of Rs.45,000/- approx.
as also the keys of his vehicle and escaped.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.91558 of 2025(3) dt.19-03-2026
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F.I.R. was registered against three unknown. The petitioner was
falsely implicated in the case in course of investigation. Inspite
of the petitioner having been in custody since 9.9.2025, charge-
sheet has been submitted in the case without putting the
petitioner on T.I. Parade. No incriminating article has been
recovered from the petitioner’s possession.
5. The application for bail is opposed by learned
A.P.P. for the State who submits that it has transpired in course
of investigation in the statement of a witness that the petitioner
along with others were heard by the witness planning to give
effect to the occurrence. Further, the petitioner has confessed to
his crime.
6. In response, it is submitted by learned counsel for
the petitioner the so called statement of the witness has been
recorded more than a month after the occurrence and the
confessional statement allegedly made is before the police
which is of no value.
7. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
material that has transpired in course of investigation, no
incriminating article having been recovered from the petitioner’s
possession and the petitioner not having been put on T.I. Parade
Patna High Court CR. MISC. No.91558 of 2025(3) dt.19-03-2026
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inspite of being in custody for more than 6 months since
9.9.2025 and charge-sheet having been submitted in the case,
the petitioner is directed to be enlarged on bail in connection
with Dhoraiya P.S. Case no.159 of 2025, on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-I, Banka.
(Partha Sarthy, J)
avinash/-
U T
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