Patna High CourtCR. MISC./53376/2025dismissed

Shubham Kumar v. The State Of Bihar

2026-01-30Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43542 of 2025 Arising Out of PS. Case No.-205 Year-2025 Thana- ARA NAWADA District- Bhojpur ====================================================== Punit Kumar Son of Nandjee Singh R/O Vill.- Masurhi, P.S.- Jagdishpur, Dist.- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53376 of 2025 Arising Out of PS. Case No.-205 Year-2025 Thana- ARA NAWADA District- Bhojpur ====================================================== Shubham Kumar S/O Nandjee Singh Resident of Village- Masurhi, P.SJagdishpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 43542 of 2025) For the Petitioner/s :

Mr. Amit Srivastava, Sr. Adv.

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam Mr. Sushil Kumar Singh (In CRIMINAL MISCELLANEOUS No. 53376 of 2025) For the Petitioner/s :

Mr. Amit Srivastava, Sr. Adv.

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-01-2026 Heard the learned senior counsel for the petitioner, learned counsel for the State and learned counsel for the informant in both the aforesaid cases.

2. The petitioner of both the aforesaid cases apprehend their arrest in connection with Ara Nawada P.S. Case

Patna High Court CR. MISC. No.43542 of 2025(6) dt.30-01-2026 2/3 No. 2025 of 2025 registered for the offence under Sections 140(3), 352, 351(2), 3(5) of the BNS.

3. As per the prosecution case, victim Shubham Kumar was kidnapped by the accused persons because of business dispute and he was assaulted also.

4. Learned senior counsel for the petitioner has submitted that the victim was not kidnapped in fact, a false case has been registered against the petitioners and other accused persons as the victim sou-moto appeared before the police and has given his statement.

5. Learned counsel for the informant and learned counsel for the State have opposed the prayer of the petitioner and have submitted that from the materials available in the case diary and from the statement of the victim, it appears that because of business dispute, the victim was kidnapped by the petitioner and others. They further submits that the victim was also assaulted by the accused persons which has been supported by the injury report and the victim was released because of police pressure.

6. I have considered the submission of the parties.

7. From the materials available on record it appears that the petitioners along with others have kidnapped the victim

Patna High Court CR. MISC. No.43542 of 2025(6) dt.30-01-2026 3/3 and have also assaulted him. Similarly situated accused persons namely Rohit Kumar, Suman Shukla and Sanjay Kumar had approached this Court for regular bail which has been rejected by this Court vide order dated 19.12.2025 passed in Cr. Misc. No. 69337 of 2025.

8. In view of the aforesaid discussions, this court does not find the aforesaid cases fit for grant of anticipatory bail.

9. Accordingly, both the aforesaid application are dismissed and the interim protection granted to the petitioners vide order dated 16.07.2025 and 27.08.2025 are hereby withdrawn.

10. The petitioner of both the aforesaid cases are directed to surrender in the Court below within two weeks from today and pray for regular bail failing which the Superintendent of Police, Bhojpur will take all steps for arrest of the petitioners.

11. Let a copy of this order be communicated to the Principal District and Sessions Judge, Bhojpur and Superintendent of Police, Buxar through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U