Gauri Shankar Sah @ Gauri Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19566 of 2026 Arising Out of PS. Case No.-201 Year-2025 Thana- ARER District- Madhubani ====================================================== 1.
Gauri Shankar Sah @ Gauri Sah Son of Rajendra Sah Resident of VillageRamnagar, Chhatanwara, Ps- Benipur, Dist- Muzaffarpur 2.
Bittu Kumar @ Bittu Sah Son of Gauri Shankar Sah @ Gauri Sah Resident of Village- Ramnagar, Chhatanwara, Ps- Benipur, Dist- Muzaffarpur .. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah Mr. Archna Aanand For the Opposite Party/s :
Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-04-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 310(2) of the B.N.S.
3. As per FIR, co-accused persons named in the FIR have sold the looted articles to the petitioners. It is also alleged that the petitioners are involved in the occurrence.
4. Learned counsel for the petitioners submits that the the First Information Report had been lodged against five unknown persons and subsequently during the course of investigation at least four persons were arrested as would be apparent from the bail rejection order itself. It has further been
Patna High Court CR. MISC. No.19566 of 2026(2) dt.06-04-2026 2/3 submitted that a country made pistol was recovered from their conscious possession and the name of the petitioners transpired in the confessional statement of the apprehended accused before the police that the cash and jewelry looted by them had been sold to the petitioners, who were the shop keepers and were also involved in the occurrence. It has also been submitted that the allegations thus remain confined to only sale of the looted articles and they have no role in committing any dacoity or theft. Further the petitioners have no criminal antecedent.
5. Learned APP for the State has opposed the application for anticipatory bail.
6. Taking into consideration the facts and circumstances and also considering the fact that the petitioners are not amongst the five unknown persons referred to in the First Information Report who indulged in dacoity and they have been made accused only on the basis of confessional statement of co-accused persons, let the above named petitioners, who have no criminal antecedent, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.19566 of 2026(2) dt.06-04-2026 3/3 satisfaction of the learned court below where the case is pending/successor court in connection with Arer P.S. Case No. 201 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. (Soni Shrivastava, J) devendra/- U T