Shubham Kumar @ Moti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40834 of 2026 Arising Out of PS. Case No.-159 Year-2026 Thana- PANAPUR District- Saran ====================================================== Shubham Kumar @ Moti Sanjay Singh @ Sanjay Kumar Singh Resident of Village - Ubhwa-Saranpur, P.O. - Rampur Rudra, P.S. - Panapur, District - Saran at Chapra-841424 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan For the Opposite Party/s :
Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 28.04.2026 in connection with Panapur P.S. Case No. 159 of 2026 for the offence punishable under Section 309(4) of the BNS.
3. According to prosecution case, one Vikash Kumar (Informant) furnished a typed report to the SHO of Panapur P.S. on 22.04.2026 at 13:15 hours stating therein that on 21.04.2026 he was returning from Siwan by way of Mashrak station by cycle at about 10:00 O'clock night the informant reached at Pokhrera village where from four unknown persons stopped him they were on two Splendour Plus Motorcycles. Four unknown
2/4 persons caught to the Informant wherefrom one person arms with Katta assaulted on the head of him resulting blood was oozing and one persons snatched Oppo F27 5G mobile phone wherein SIM No. 9608419482 was built and the accused persons flee away towards Pokhrera Taraiya Road. On the basis of the aforesaid written report an FIR was registered as Panapur P.S. Case No. 159 of 2026 dated 22.04.2026 for the alleged offences punishable under sections 309(4) of the Bharatiya Nyaya Sanhita, 2023.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It is next submitted that initially the petitioner was not named in the FIR and the name of the petitioner has transpired during the course of investigation on the basis of self confessional statement of the petitioner which is recorded on 27.04.2026. It is next submitted that nothing has been recovered from the conscious possession of the petitioner and till date no TIP has been conducted by the prosecution and petitioner is in custody since 28.04.2026.
5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that on the basis of self confessional statement of the
3/4 petitioner, one motorcycle in question was recovered from the house of co-accused person.
6. Considering the aforesaid facts and circumstances and the fact that petitioner has clean antecedent, 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 the learned Judicial Magistrate-Ist Class, Saran at Chapra in connection with Panapur P.S. Case No. 159 of 2026, subject to 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 absence on two consecutive dates without sufficient reason, his 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
4/4 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) Gaurav Sinha/- U T