Shubham Raj @ Shubham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13984 of 2026 Arising Out of PS. Case No.-522 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Shubham Raj @ Shubham Kumar S/o Mukti Narayan Singh R/o VillageMajuraha ,P.S - Raghunathpur (Turkauliya), District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava, Adv.
For the Opposite Party/s :
Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Motihari Town P.S. Case No. 522 of 2025 dated 13.06.2025 registered for the offences punishable under Sections 126(2), 115(2), 109(1), 352, 303(2) and 3(5) of the B.N.S.
3. As per the prosecution case, the informant has alleged that the petitioner and others surrounded the son of the informant and pushed him on the ground and started abusing. It is further alleged that the petitioner assaulted with iron rod on the head of the informant causing head injury while the other co-accused persons assaulted with belt. It is also alleged that a
2/4 gold chain was also snatched away.
4. The learned counsel for the petitioner submits that petitioner has falsely been implicated and no such occurrence as alleged has occurred. It has further been submitted that on account of the son of the informant having misbehaved with the sister of the co-accused, Ankit Raj, an altercation had taken place and only to supress such activity, the present F.I.R. was lodged however, for the said incident, a counter case was also lodged by the co-accused, Ankit Raj being Motihari P.S. Case No. 535 of 2025. It has further been submitted that the injury sustained were found to be simple in nature and the same has also been incorporated in the impugned order. It has lastly been submitted that the petitioner is a student studying in Noida, N.C.R. and he has clean antecedent.
5. The learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the parties and taking into account the facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
3/4 with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Motihari Town P.S. Case No. 522 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) The trial court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedents, the trial court shall take necessary steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.
4/4
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Gautam/- U T