Subham Kumar Singh @ Subham Singh @ Subham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37624 of 2025 Arising Out of PS. Case No.-203 Year-2024 Thana- KUTUMBA District- Aurangabad ====================================================== Subham Kumar Singh @ Subham Singh @ Subham Kumar S/O Dharmendra Singh @ Tuntun Singh Resident of Village- Chulai Bigha, P.S Wajirganj, Distt.- Gaya. At Present Resident of Parsachuan (Balra), P.S- Hariharganj, Dist.- Palamu (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Kutumba P.S. Case No. 203 of 2024 instituted for the offences under Sections 308(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. Prosecution case, in short, is that three unknown persons came at the gate of PNC base camp, fired shots in the air, threw a chit of paper and fled away.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner
Patna High Court CR. MISC. No.37624 of 2025(3) dt.19-08-2025 2/3 transpired in this case on the basis of confessional statement of co-accused Suraj Singh. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner never demanded any extortion. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.04.2025 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection withKutumba P.S. Case No. 203 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.37624 of 2025(3) dt.19-08-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) 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.
(Rudra Prakash Mishra, J) Alok Verma/- U T