Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20729 of 2025 Arising Out of PS. Case No.-347 Year-2024 Thana- PARSA District- Saran ====================================================== Shubham Kumar Son of Pintu Kumar Singh Resident of Village- Fatehpur, P.S.- Parsa, Distt.- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parsa P.S. Case No. 347 of 2024 instituted for the offences under Section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1-B)(a)/26 of the Arms Act.

3. As per prosecution case, the police has recovered one Sixer pistol, one Redme mobile and one Vivo mobile from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been

Patna High Court CR. MISC. No.20729 of 2025(2) dt.17-04-2025 2/3 recovered from the conscious possession of the petitioner. He submits that as per allegation, one sixer pistol has been recovered from the possession of the petitioner but, in the said pistol, no live cartridges were loaded. The petitioner has no concern with the alleged seized motorcycle or the other coaccused persons. The petitioner has no concern with the alleged occurrence. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has three criminal antecedents in which he is on bail and is languishing in judicial custody since 23.10.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parsa P.S. Case No. 347 of 2024,

Patna High Court CR. MISC. No.20729 of 2025(2) dt.17-04-2025 3/3 subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T