Shatrudhan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39833 of 2026 Arising Out of PS. Case No.-157 Year-2026 Thana- RAHUI District- Nalanda ====================================================== Shatrudhan Kumar S/O Late Bhagwan Das @ Late Bhagwan Das Thathera R/o - Ramchandrapur Bus Stand, P.S - Laheri, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amresh Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2026 Heard Mr.Amresh Kumar Sinha, learned counsel for the petitioner and Mr.Narendra Kumar Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 02.04.2026 in connection with Rahui P.S. Case No. 157 of 2026, F.I.R. dated 02.04.2026 registered for the offence punishable under Sections 317(4),317(5),310(4),310(5) of BNS and Section 25(1-b)(a),26,35 of Arms Act.
3. Allegation against the petitioner is that he used to purchase stolen electric wires from other co-accused and used to keep them in his warehouse.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of the disclosure made by the
Patna High Court CR. MISC. No.39833 of 2026(2) dt.23-06-2026 2/3 apprehended co-accused person. It appears from the FIR as well as the seizure list that the arms has been recovered from possession of the co-accused person and only one Vivo mobile and three bundles of wire were recovered from possession of the petitioner. Learned counsel for the petitioner submits that from a bare perusal of the FIR as well as the seizure list it appears that the seizure list witnesses are police personnel so there is noncompliance of Sections 103 and 105 of BNSS, 2023 and except the disclosure made by the co-accused person, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the petitioner is in custody since 02.04.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the recovery has been from the Godown of the petitioner, apart from that, the petitioner carries one more case other than the present one but he fairly submits that the petitioner is on police bail in the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda, Biharsharif in
Patna High Court CR. MISC. No.39833 of 2026(2) dt.23-06-2026 3/3 connection with Rahui P.S. Case No. 157 of 2026, with the following conditions:- (I) Petitioner shall co-operate 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) 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.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T