Shubham Kumar @ Subham @ Tantan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42783 of 2024 Arising Out of PS. Case No.-784 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Shubham Kumar @ Subham @ Tantan S/o Pyarchand Saw R/o vill - Ibrahimpur, P.S. - Naubatpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Ms.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Naubatpur P.S. Case No. 784 of 2023 instituted for the offences under Sections 147, 148, 149, 323, 302, 385 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of brutally assaulted and fired upon the son of the informant leading to his death.

Patna High Court CR. MISC. No.42783 of 2024(2) dt.24-06-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Informant is not an eye-witness of the alleged occurrence. Petitioner is only an order giver and there is no specific allegation against the petitioner rather the specific allegation of firing upon the informant's son is against Brajesh Kumar. There is no specific overt act alleged against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. Moreover, it is next submitted that the other co-accused has already been granted bail by this Court vide order dated 29.04.2024 passed in Cr. Misc. No. 27751 of 2024. The petitioner is in custody since 30.11.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as 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 on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.42783 of 2024(2) dt.24-06-2024 3/3 below/concerned Court in connection with Naubatpur P.S. Case No. 784 of 2023.

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