Shamsher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28887 of 2026 Arising Out of PS. Case No.-135 Year-2025 Thana- SANGRAMPUR District- Munger ====================================================== Shamsher Son of Md. Sameed Resident of Village - Koraji, Police Station - Sangrampur, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Sah, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sangrampur P.S. Case No. 135 of 2025, registered for the offence under Sections 103, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, on 11.08.2025, son of the informant left his shop and thereafter went missing. On 13.08.2025, dead body of the son of informant was recovered from the Tauri river. Informant suspected that the petitioner along with F.I.R. named accused persons might have killed his son as co-accused Md. Afroz had threatened to kill his son.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.28887 of 2026(2) dt.05-05-2026 2/3 petitioner is not named in the FIR and his name has transpired in this case merely on the basis of confessional statement of coaccused Rajeev Kumar who has already been granted bail by learned co-ordinate Bench of this Court vide Cr. Misc. No. 10532 of 2026. The allegation of having threatened to kill the son of the informant is against co-accused Md. Afroz. There is no eye-witness to the occurrence. It is further submitted that the deceased was missing since 11.08.2025 and his body was recovered on 13.08.2025 but the F.I.R. was lodged on 15.08.2025 without any explanation. Charge-sheet has already been submitted against the petitioner. Moreover, he is in judicial custody since 10.10.2025.

5. Learned counsel appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid submissions of the parties and taking into account the facts and circumstance of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Munger in connection with Sangrampur P.S. Case No. 135 of 2025.

Patna High Court CR. MISC. No.28887 of 2026(2) dt.05-05-2026 3/3

7. The application stands allowed.

(Ashok Kumar Pandey, J) lata/- U T