Shambhu Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10066 of 2025 Arising Out of PS. Case No.-65 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== Shambhu Kumar Chaudhary S/O Jay Narayan Chaudhary R/O Vill.- Andauli P.S- Kishanpur, Dist- Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-05-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with S.T. No.333 of 2024, arising out of Bhaptiyahi P.S. Case No. 65 of 2023, lodged on 01.06.2023, under Section 394 of the Indian Penal Code and under Section 27 of the Arms Act. Later on offence under Sections 411/302 of the Indian Penal Code and offence under Sections 25(1b)A/26/35 of the Arms Act were added.

3. Earlier prayer for bail of the petitioner was rejected vide order dated 05.12.2024 passed in Cr. Misc. No.75546 of

Patna High Court CR. MISC. No.10066 of 2025(3) dt.09-05-2025 2/2 2024 with liberty to to the petitioner to renew his prayer for bail after framing of the charge.

4. Learned Counsel for the petitioner submits that charge in this case has already been framed on 23.12.2024 and two witnesses have also been examined and rest witnesses are yet to be examined.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, let the petitioner, above named, be released on bail on being satisfied that petitioner is not absconding in the following cases, i.e., (i) Kishanpur P.S. Case No.133 of 2021, (ii) Bhaptiyahi P.S. Case No.163 of 2023, (iii) Bhaptiyahi P.S. Case No.83 of 2023 and (iv) Gamhariya P.S. Case No.193 of 2023, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Additional Sessions Judge-IV, Supaul, in connection with ST.No.333 of 2024, arising out of Bhaptiyahi P.S. Case No. 65 of 2023, subject to the conditions as laid down U/s 480(3) of the BNSS, 2023.

(Dr. Anshuman, J) Mkr./- U T