Shyam Sah @ Shyam Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28841 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- Sonki District- Darbhanga ====================================================== SHYAM SAH @ SHYAM SAHU S/o Jhagru Sah @ Jhgaru Sah Resident of Village- Sonki, Police Station- Sonki, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary For the Opposite Party/s :
Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sonaki P.S. Case No. 62 of 2024 dated 08.09.2024 registered for the offences punishable u/ss 310(4), 310(5), 317(5) and 111 of the B.N.S. and Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, on secret information, the petitioner and the co-accused persons are alleged to have assembled to commit crime. On the said information, a raid was conducted. On seeing police, the accused persons managed to escape but two persons were apprehended by police. They disclosed their name as Mithun Kumar and Sumit Kumar and
Patna High Court CR. MISC. No.28841 of 2025(2) dt.10-07-2025 2/3 also disclosed the name of the co-accused persons who fled away from the place of occurrence. On search, one live cartridge and one mobile phone of Mithun Kumar were recovered by police. Thereafter, a raid was also conducted in the house of the petitioner and the petitioner was apprehended by police.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced on the disclosure made by the co-accused, Mithun Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 10.02.2025. Similarly situated co-accused has already been granted bail by this court vide order dated 18.03.2025 passed in Cr. Misc. No. 7903 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
Patna High Court CR. MISC. No.28841 of 2025(2) dt.10-07-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Sonki P.S. Case No. 62 of 2024 , with following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T