Shubham Kumar Singh @ Subham @ Subham Kumar @ Vikki Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Shubham Kumar Singh @ Subham @ Subham Kumar @ Vikki Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released 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, subject to conditions (co-operation in trial and physical presence on dates fixed, failing which bail bond cancellable on two consecutive absences without sufficient reason; no tampering with evidence or witnesses, failing which prosecution free to move for cancellation; verification of criminal antecedents by court below with cancellation steps if concealment found, without delaying acceptance of bail bonds).

Issue for consideration

Whether the petitioner, who is named in the FIR but against whom no specific allegation of firing is made (firing being attributed to co-accused Kari Singh), has clean antecedents and is in custody since 21.09.2025, should be released on bail in Rosera P.S. Case No. 314 of 2025.

Court's answer

Considering the petitioner's clean antecedent and the absence of any allegation of firing against him, the Court directed his release on bail on furnishing a 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, subject to conditions of co-operation in and attendance at trial, liberty to the prosecution to move for cancellation if evidence or witnesses are tampered with, and verification of criminal antecedents by the court below.

Ratio / Principle

While the court below is to verify the petitioner's criminal antecedents and may take steps for cancellation of the bail bond if concealment of antecedents is found at any stage, acceptance of the bail bonds in terms of the order shall not be delayed for purpose of or in the name of such verification.

Detailed headnote1 paragraphs

Bail granted (Patna High Court, Criminal Miscellaneous No.90915 of 2025, decided 13-01-2026, Rajesh Kumar Verma, J): Petitioner, arraigned in Rosera P.S. Case No. 314 of 2025 (FIR dated 19.09.2025) under Sections 308(4), 109, 3(5) of BNS, 2023 and Section 27 of Arms Act, was in custody since 21.09.2025 and chargesheeted after investigation. As per the FIR, the specific allegation of firing was attributed to co-accused Kari Singh and there was no allegation of firing against the petitioner, who claimed false implication due to village politics and clean antecedents; the State opposed bail. Held: considering the clean antecedent and absence of any firing allegation against the petitioner, he was ordered released on bail on a personal 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, with conditions of trial attendance and co-operation, non-tampering with evidence/witnesses, and verification of criminal antecedents by the court below; acceptance of bail bonds was expressly not to be delayed for purpose of or in the name of verification.

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.

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.

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.

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 2/3

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.

Learned APP for the State has opposed the prayer for bail of the petitioner.

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 3/3

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