Patna High Court – Orders
Shubham Kumar Keshari @ Subham Kumar vs The State Of Bihar on 5 August, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.880 of 2024
Arising Out of PS. Case No.-34 Year-2023 Thana- MAHILA P.S. District- Vaishali
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Shubham Kumar Keshari @ Subham Kumar S/o Dablu Keshari Resident of
Village- Fulhara Bazar, P.S.- Sadar Hajipur, District- Vaishali
... ... Appellant/s
Versus
1. The State of Bihar
2. Manisha Kumari D/o Late Ramanand Das Resident of Village- Chandpura
Chakmakran, Ward No.1, P.S.- Bidupur, District- Vaishali
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Manoj Kumar, Advocate
For the State : Ms. Usha Kumari 1, Spl. P.P.
For Respondent No. 2 : Mr. Mrityunjay Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 05-08-2025
Heard Mr. Manoj Kumar, learned counsel for the
appellant, Mr. Mrityunjay Kumar, learned counsel for the
respondent No. 2 and Ms. Usha Kumari 1, learned Spl.P.P. for
the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
12.01.2024 passed by the learned Exclusive Special Court
(SC/ST Act)-cum-Additional District & Sessions Judge, Vaishali
at Hajipur in connection with Mahila P.S. Case No. 34 of 2023,
F.I.R. dated 25.11.2023 registered under Sections 376, 504, 506,
34 of the Indian Penal Code, Sections 3(1)(r)(s)(w)(i), 3(2)(v) of
the Scheduled Castes and Scheduled Tribes Act and Sections ¾
Patna High Court CR. APP (SJ) No.880 of 2024(3) dt.05-08-2025
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of DP Act.
3. According to the prosecution case, co-accused
Bipin Kumar established physical relations with the informant
on the false pretext of marriage. It is further alleged the
appellant, who is the friend of co-accused Bipin Kumar, abused
the informant using her caste name.
4. Learned counsel for the appellant has clean
antecedent and he has been falsely implicated in the present
case. He further submits that the allegation as alleged in the
F.I.R. is false and fabricated and the appellant has not
committed any offences as alleged in the F.I.R. In fact, the
appellant is friend of the co-accused Bipin Kumar and the main
allegation is against co-accused person, namely, Bipin Kumar as
alleged in the FIR. Apart from that, it appears from the FIR that
the date of occurrence is 06.10.2023, but the present FIR has
been instituted on 25.11.2023, after delay of about more than
one month, without giving any explanation of delay which
suggests that afterthought only to falsely implicate the appellant
in the present case. Learned counsel for the appellant further
submits that the victim in her statement under Section 164
Cr.P.C./Section 183 of the BNSS, 2023, she has not stated
anything about the appellant.
Patna High Court CR. APP (SJ) No.880 of 2024(3) dt.05-08-2025
3/4
5. Learned counsel for respondent No. 2 as well as
learned Special Public Prosecutor for the State have
vehemently opposed the prayer for bail of the appellant.
6. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Castes and Scheduled Tribes Act is made out.
7. Considering the aforesaid facts, the victim has not
stated anything about the appellant in her statement under
Section 164 Cr.P.C./Section 183 of the BNSS, 2023 and it
appear from the FIR that there is no specific allegation against
the appellant, let the appellant, above named, in the event of his
arrest or surrender before the Court below within a period of
thirty days from the date of receipt of the order, be released on
anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two surities of the like amount each to the
satisfaction of learned Additional District & Sessions Judge-
cum- Exclusive Special Court (SC/ST Act), Vaishali at Hajipur
in connection with Mahila P.S. Case No. 34 of 2023 (ABP No.
3428 of 2023), subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 and with
other following conditions:-
Patna High Court CR. APP (SJ) No.880 of 2024(3) dt.05-08-2025
4/4i. Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at
any stage it is found that the appellant has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellant. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
sauravkrsinha/-
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