Shani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7798 of 2026 Arising Out of PS. Case No.-601 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Shani Kumar S/O Late Bunilal Sah R/O Village- Shitalpur, Pirganj, P.s.- Dighwara, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Gauri Shankar Gupta, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 12.12.2025 in connection with Muffasil P.S. Case No. 601 of 2025, F.I.R. dated 02.11.2025 for the offences punishable under Sections 331(4) and 305 of the BNS, 2023 but later on Sections 317(2), 317(4) and 313 of the BNS, 2023 were also added.
3. According to prosecution case, some unknown miscreants have committed loot in the house of Munsif, Marhaura and altogether articles and cash of around Rs. 10,50,000/- were stolen.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.7798 of 2026(4) dt.01-05-2026 2/3 implicated in the present case. He further submits that the petitioner was not named in the FIR and his name has been transpired on the basis of confessional statement of the coaccused, namely, Raju Basfir @ Raju Dom and expect the confessional statement of the co-accused, nothing has come during investigation which suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 12.12.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, 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 the learned CJM, Saran, Chapra in connection with Muffasil P.S. Case No. 601 of 2025, subject to 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.7798 of 2026(4) dt.01-05-2026 3/3 ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move 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) Vanisha/- U T