Subham Singh @ Subham v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51683 of 2025 Arising Out of PS. Case No.-495 Year-2025 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Subham Singh @ Subham S/o- Raj Kumar Singh Village- Madhopur Susta Ps- Sadar Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Upendra Kumar Chaubey, Advocate For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Sadar P.S. Case No. 495 of 2025 registered for the offences under Sections 309(5) and 317 (5) of B.N.S.
3. As per the prosecution case, four motorcycle-borne individuals arrived at Mahalaxmi Jewellers. One person in a burka entered requesting to see a gold ring. Suspicious of their behavior, the informant called her brother Kaushal Kumar for assistance. The suspect then brandished a pistol and demanded jewelry, but when the brother arrived and raised an alarm, three accomplices fled leaving behind a motorcycle. The apprehended person disclosed his name as Sameer and he further disclosed
Patna High Court CR. MISC. No.51683 of 2025(2) dt.11-08-2025 2/3 the names of other three persons who had fled away including the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case as he has no concern whatsoever with the said incident. Further submission is that no incriminating article has been recovered from the conscious possession of the petitioner and it was also found that the pistol which was carried by the apprehended person was made of plastic. Petitioner has no criminal antecedent.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Sadar P.S. Case No. 495 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.51683 of 2025(2) dt.11-08-2025 3/3 Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned 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.
7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) tusharika/- U T