Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46305 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- HASANGANJ District- Katihar ====================================================== Shubham Kumar S/O Panchanand Sah Resident of Village- Baina, P.S. Pranpur, Dist.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Rahmatullah, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hasanganj P.S. Case No. 36 of 2025, instituted for the offences punishable under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that pump sets of the informant was stolen from the field and villagers caught the petitioner along with other co-accused person while stealing pump sets from others filed. It is further alleged that the petitioner has confessed to the crime and has also revealed the involvement of three other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.46305 of 2025(2) dt.29-07-2025 2/2 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has been implicated in this case only on the basis of village politics. The petitioner is not involved in the alleged occurrence. It is further submitted that the petitioner has got no concern with other coaccused persons. The petitioner is in custody since 06.04.2025 and has got no criminal antecedent.

5. Learned APP 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 and taking into account 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hasanganj P.S. Case No. 36 of 2025. (Rudra Prakash Mishra, J) Rajorshi/- U T