Sheikh Shamshad @ Malaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16914 of 2026 Arising Out of PS. Case No.-156 Year-2025 Thana- Kalibagh District- West Champaran ====================================================== Sheikh Shamshad @ Malaha S/o- Md. Sheik Arman @ Md. Arman Resident of village- Jamthar Tola, W.No-1, Ps- Kalibagh Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Mohan, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103(1) and 3(5) of BNS.

3. The case of the prosecution is that unknown miscreants have killed the husband of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the FIR, itself it is clear that the informant has alleged that the son of the informant was in association with antisocial elements and the deceased used to scold her on this account. He has further submitted that the petitioner is a school friend of the informant's

Patna High Court CR. MISC. No.16914 of 2026(2) dt.16-03-2026 2/2 son. There is no eye witness to this case. The name of this petitioner has surfaced on the basis of confessional statement of co-accused Salim Akhtar. Salim Akhtar has been granted bail by learned co-ordinate Bench of this court vide Cr. Misc. No. 80182 of 2025. Save and except confessional statement of coaccused, there is nothing against this petitioner. Moreover, the petitioner is languishing in judicial custody since 17.06.2025 having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kalibagh P.S. Case No. 156 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge XIth, Bettiah, West Champaran. (Ashok Kumar Pandey, J) Shubham/- U T