Shambhu Kumar @ Shambhu Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57713 of 2025 Arising Out of PS. Case No.-211 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Shambhu Kumar @ Shambhu Patel S/o- Raghunath Raut VillageBaikunthawa W.No-16, Ps- Nautan Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Ms.Suman Kumari Singh, APP Mr. Sagar Kumar, Adv Mr. Sharad Kumar Verma, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2025 1.
Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 109(1), 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. 3.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that unknown accused fired at him causing injury and he saw Ramesh standing at the corner of the land and a white scorpio of Birbal was parked on Areraj main road.
4.
Learned counsel for the petitioner submits that petitioner has been falsely implicated on account of dispute
Patna High Court CR. MISC. No.57713 of 2025(2) dt.03-09-2025 2/3 relating to land. It is further submitted that the name of the petitioner transpired in the confessional statement of Niraj in police custody which does not have any evidentiary value. It is next submitted that Birbal Kushwaha had approached this court seeking anticipatory bail by filing Cr. Misc No. 49360 of 2025 and the same was allowed by an order dated 11-8-2025. It is further submitted that case of the petitioner is similar to the case of Birbal Kushwaha. It is next submitted that informant and petitioner are known to each other and informant has also got the petitioner purchased land in the district of West Champaran. It is also submitted that informant is a serious offender of the district and his name is included at serial No. 68 in letter No.
239 dated 3-52025 issued by the DIG Champaran Range, Bettiah. It is next submitted that in the course of investigation it transpired that Rikki and Jayant fired at the informant; and about the petitioner, it is alleged that he along with Birbal hired them. It is reiterated and submitted that Birbal Kushwawa has been granted the privilege of anticipatory bail. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6.
Considering the submissions made by the learned
Patna High Court CR. MISC. No.57713 of 2025(2) dt.03-09-2025 3/3 counsel for the petitioner and taking into consideration the order dated 11-8-2025 in Cr. Misc No. 49360 of 2025 and also the fact that petitioner is a person with clean antecedent, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bettiah (Muffasil) P.S. Case No. 211 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.
7.
However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
8.
Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T