Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2437 of 2026 Arising Out of PS. Case No.-1191 Year-2023 Thana- SONEPUR District- Saran ====================================================== 1.

Shubham Kumar Son of Sri Raju Sah Resident of Village - Samaspura, P.S.- Mahua, District - Vaishali.

2.

Kanhaiya Kumar Son of Sri Raju Sah Resident of Village - Samaspura, P.S.- Mahua, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-03-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Learned counsel for the petitioners submits that the prayer for bail of the petitioner No.1 has earlier been rejected vide order dated 01.08.2025 passed in Criminal Miscellaneous No. 29728 of 2025 and thereafter the present petitions have preferred anticipatory bail application before this Hon'ble Court but it was dismissed as withdrawn. Learned counsel further submits that the first application was dismissed on merit granting liberty to petitioner no.1 to renew his prayer for bail after three months from today. He further submits that three months has already been lapsed. The petitioners are in custody

Patna High Court CR. MISC. No.2437 of 2026(3) dt.11-03-2026 2/3 since 18.12.2023 having no criminal antecedent.

3. Learned counsel for the State opposes the prayer for bail and submits that on earlier occasion a report with regard to present stage of trial was called for.

4. From perusal of report received from the Distinct and Additional Sessions Judge-XIV, Chapra, it appears that charge has been framed against two accuse persons on 17.08.2024 but even after issuance of summons and B/W only one witness could be examined.

5. In view of this Court since the petitioners are in custody since 18.12.2023 and the charge has already been framed against the petitioners on 17.08.2024, no purpose shall be served keeping the petitioners in custody. As such, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of learned Additional Sessions Judge-14th, Saran at Chapra in connection with Sonepur P.S. Case No. 1191 of 2023, subject to the conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(i) one of the bailor should be the family member of the petitioners who shall provide official document to show

Patna High Court CR. MISC. No.2437 of 2026(3) dt.11-03-2026 3/3 his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bonds by the Trial Court itself;

(iii) If the petitioners are found involved in similar cases in future, their bail bonds shall be liable to be cancelled. (Dr. Anshuman, J) Ashwini/- U T