Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75891 of 2025 Arising Out of PS. Case No.-220 Year-2019 Thana- DHANARUA District- Patna ====================================================== Shambhu Kumar S/o Satyendra Kumar R/o Village- Chakiya, P.S- Dhanarua, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheonandan Pandit For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-11-2025 Heard the parties.

2. The petitioner apprehends his arrest in connection with Dhanarua P.S. Case No. 220 of 2019 , registered for the offences punishable under Sections 147, 148, 149, 324, 307, 427, 379 of the Indian Penal Code.

3. While the informant was sitting in his electronic shop, all the FIR named accused persons, along with some unknown miscreants, looted the goods and cash of Rs.65000/- and also inflicted repeated knife blows due to which, he sustained serious injury.

4. Learned Advocate for the petitioner submitted that besides the omnibus nature of allegation, it is the fact that other co-accused person, have been allowed bail by the different Benches of this Court. To support the aforesaid contention, the

Patna High Court CR. MISC. No.75891 of 2025(2) dt.27-11-2025 2/3 orders of this Court passed in Cr. Misc. No. 57614 of 2019 and fuhrer in Cr. Misc. No. 85300 of 2019 have been placed on record. It is further contended that the injury report also does not corroborate the accusation. Moreover, the petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the co-accused persons have been allowed the privilege of anticipatory bail by the different Benches of this Court, though in the year 2020 and the petitioner has approached this Court after much delay, nonetheless, the petitioner bears fair antecedent and his case is also based on parity, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Masaurhi, District Patna in connection with Dhanarua P.S. Case No. 220 of 2019, subject to the conditions laid down

Patna High Court CR. MISC. No.75891 of 2025(2) dt.27-11-2025 3/3 in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further conditions:

(i) that the 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 immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification, and (ii) that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) Anjani/- U T