Shubham Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Shubham Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail upon arrest or surrender before the Court below within six weeks, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate II, Danapur, subject to the conditions laid down in Section 482(2) of the B.N.S.S., 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Bihta P.S. Case No. 580 of 2025 instituted under Section 305 of the B.N.S., is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate II, Danapur, in connection with Bihta P.S. Case No. 580 of 2025, subject to the conditions laid down in Section 482(2) of the B.N.S.S., 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL - GRANTED (Patna High Court, 03-11-2025, Sunil Dutta Mishra, J.). Petitioner apprehending arrest in Bihta P.S. Case No. 580 of 2025, instituted under Section 305 of the B.N.S. Prosecution case: unknown persons stole brass and girmi utensils (about one and half quintals) from the informant's house. Allegation against the petitioner rests solely on the confessional statement of co-accused Bittu Kumar, who allegedly sold the stolen articles to the petitioner for Rs. 3,000/-; no recovery of stolen material from the petitioner; no material against him except that confessional statement; one criminal antecedent (complaint case); A.P.P. opposed the prayer. Held: on arrest or surrender within six weeks, petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each before learned Additional Chief Judicial Magistrate II, Danapur, subject to the conditions in Section 482(2), B.N.S.S., 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72864 of 2025

Arising Out of PS. Case No.-580 Year-2025 Thana- BIHTA District- Patna

======================================================

Shubham Kumar, S/o Naresh Sao R/o Village- Parev (Pareo), P.S.- Bihta, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 03-11-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihta P.S. Case No. 580 of 2025, instituted under Section 305 of the B.N.S.

As per the prosecution case, unknown persons entered into the house of the informant and stolen utensils made from brass and girmi measuring about one and half quintals.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the confessional statement of co-accused Bittu Kumar who has stated that he has sold the stolen articles to the petitioner for a consideration amount of Rs. 3,000/-. It is further submitted that petitioner has no concern with co-accused Bittu

Patna High Court CR. MISC. No.72864 of 2025(2) dt.03-11-2025 2/2

Kumar. He has malafidely taken the name of the petitioner. There is no recovery of any stolen material from possession of the petitioner. Petitioner has neither stolen the alleged items nor has purchased the same. Except the confessional statement of co-accused, there is no material against the petitioner. Petitioner has one criminal antecedent which is a complaint case. Petitioner undertakes to co-operate in the investigation and trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Danapur in connection with Bihta P.S. Case No. 580 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.)

rakhi U T