Shyam Babu @ Shyam Babu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58812 of 2025 Arising Out of PS. Case No.-102 Year-2024 Thana- NAYA RAM NAGAR District- Munger ====================================================== Shyam Babu @ Shyam Babu Kumar S/o Shambhu Paswan R/o VillagePanarwas (Sihma), P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar, Adv.

For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Nayaram Nagar P.S. Case No. 102 of 2024, instituted for the offences punishable under Sections 103(1), 238, 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short, is that some unknown persons have committed murder of informant's grandson by shooting him and stole his Bolero vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has

Patna High Court CR. MISC. No.58812 of 2025(3) dt.23-09-2025 2/3 surfaced in this case on the basis of confessional statement of the co-accused Prince Kumar and Priyanshu Kumar. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. Learned counsel for the petitioner submits that the specific allegation of firing is against the co-accused Gulshan Kumar. There is no eye-witness to the alleged occurrence and the petitioner was not present at the place of occurrence on the alleged date and time of occurrence. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 23.11.2024 without any rhymes or reason. Learned counsel for the petitioner again submits that the co-accused namely Manoj Kumar Thakur has been granted bail by this Court vide order dated 12.08.2025 passed in Cr. Misc. No. 23289 of 2025.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner and other accused persons.

Patna High Court CR. MISC. No.58812 of 2025(3) dt.23-09-2025 3/3

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, the petitioner having no criminal antecedent as also there being no specific allegation against the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naya Ram Nagar P.S. Case No. 102 of 2024. (Rudra Prakash Mishra, J) rishi/- U T