Shubham Kumar Vs The State of Bihar

For the Petitioner/s : Mr. Rajni Kant Singh, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 12-08-2025

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Heard the parties.

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The petitioner is in custody in connection with Pirbahor P.S. Case No. 336 of 2025 for the offence punishable under Sections 125, 352, 351(2), 351(3) and 3(5) of the B.N.S. and Section 3/4 of the Explosive Substances Act, 1908 lodged on 27.04.2025 by the informant, Dilip Kumar.

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As per the prosecution story, the informant who is the Police Officer alleged that during the night patrolling, as they were near NIT crossing, got information from the University Traffic Outpost that students of Minto and Cavendish Hostels have clashed. The Police reached the place and found them abusing/resorting to stone pelting/throwing bombs. The matter was pacified upon arrival of the Police. Later, the Minto and Cavendish Hostels were searched and there is/are recovery of cotton bomb/cotton swab and torn tin on the road. This led to the FIR.

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Learned counsel for the petitioner submits that he

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Patna High Court CR. MISC. No.50641 of 2025(2) dt.12-08-2025 2/3

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was not part of the hostel, it was closed and as such, any recovery/seizure cannot be attributed to him. Due to earlier clashes, the students were asked to vacate the rooms and as such, he was residing outside. The further submission is that he is having a future and continuance in the jail will ruin his career. Further, he shall ensure that from now on, he concentrate on studies and not indulge in any such activities.

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Learned APP opposes the prayer for bail submitting that allegation against him is of indulging in criminal activities thus ruining the image of the Patna University as also affecting the locals who are fed up with the regular clashes between the two hostels.

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Allegation is disturbing, students of Patna University instead of using books are now using bombs, however, taking into account that he is a young person having no criminal antecedent, an undertaking has been given that henceforth, he shall not be indulging in such crime and is in custody 28^th of April, 2025, in that background, this Court is inclined to extend him the privilege of bail with conditions.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the concerned Court in connection with Pirbahor P.S. Case No. 336 of 2025 subject to the

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Patna High Court CR. MISC. No.50641 of 2025(2) dt.12-08-2025 3/3

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following conditions:

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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Adnan/-

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U T

Shubham Kumar v. The State of Bihar

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Shubham Kumar v. The State of Bihar

Case brief

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