Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22658 of 2025 Arising Out of PS. Case No.-679 Year-2024 Thana- JAMUI District- Jamui ====================================================== Shubham Kumar, Son of Anik Yadav @ Anil Yadav, resident of Village -Bukar Tola Kanuli, P.S. and Distt- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is not named in the FIR and apprehending his arrest in connection with Jamui P.S. Case No.679 of 2024 registered under Sections 303(2) and 317 Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').

3. As per FIR, the tractor (i.e. both tailor and engine) of informant alleged to be stolen by unknown persons.

4. It is submitted by learned counsel appearing for petitioner that one Golu Kumar was arrested in connection with present occurrence, who, in police custody made his confession naming the petitioner as one of his accomplice. It

Patna High Court CR. MISC. No.22658 of 2025(2) dt.30-04-2025 2/3 is pointed out that during confession two different statements appears to be made one qua involvement of petitioner and another as this petitioner after committing theft sold trailer of tractor to Golu Kumar, apprehended co-accused. It is submitted that out of local disputes and differences, the petitioner, who is an innocent farmer was implicated with present case. The petitioner is said to be a man of clean antecedent. It is submitted that after arrest of co-accused Golu Kumar, charge-sheet already submitted and in view of the recovery of stolen items from his possession, no judicial purpose shall be served by sending this petitioner to judicial custody as investigation appears completed qua all material aspects.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as recovery of trailor prima facie not appears to be made from the possession of this petitioner rather it was recovered from the possession of one Golu Kumar, who named this petitioner out of his confessional statement during the course of investigation, coupled with the

Patna High Court CR. MISC. No.22658 of 2025(2) dt.30-04-2025 3/3 fact that petitioner is a man of clean antecedent and moreover the investigation on all material aspects appears completed in this case, as discussed above, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No.679 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T