Shubham Kumar @ Dhannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77080 of 2025 Arising Out of PS. Case No.-73 Year-2024 Thana- TISIAUTA District- Vaishali ====================================================== Shubham Kumar @ Dhannu S/o Prem Kumar Ray R/o Village- Shekhpura Karnauti, P.S.- Mahnar, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Tisiauta P.S. Case No. 73 of 2024 instituted for the offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. 3.

The prosecution case, in brief, is that when the informant was returning from a marriage ceremony at about 3:30 AM on 11.07.2024, four miscreants chased him, abused, and robbed him of his motorcycle and a drone camera worth Rs. 2 lakh near Jogi Baba Pethiya, Mansingpur Bijharuli. One miscreant allegedly fired.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.11.2024. Petitioner

Patna High Court CR. MISC. No.77080 of 2025(2) dt.18-11-2025 2/3 bears eight (8) criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired in this case during investigation. Nothing has been recovered from the conscious possession of the petitioner. Petitioner was not even put on T.I. Parade to ascertain his complicity in the alleged offence. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Tisiauta P.S. Case No. 73 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.77080 of 2025(2) dt.18-11-2025 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses of the case by intimidating/pressurizing the witnesses, during the investigation or trial, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Rudra Prakash Mishra, J) Raj Kishore/- U T