Subham Sah @ Subham Kumar Sah @ Subham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30643 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- KAMTAUL District- Darbhanga ====================================================== Subham Sah @ Subham Kumar Sah @ Subham Kumar, S/o- Anil Sah , R/o Mufti Mohalla, Kilaghat P.S.- Town, Dist-Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-05-2025 Heard Mr. Baidyanath Prasad, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner has prayed for bail in connection with Kamtaul P.S. Case No. 22 of 2025 registered for the offence punishable under Sections 132, 109, 310(5), 310(4) of B.N.S. (corresponding to U/S 353, 307, 402, 399 of the I.P.C.) and Section 25(1-b)(a), 26, 27 and 35 of the Arms Act.
3. The case of the prosecution is that two bikers starting fleeing away seeing the police. They were stopped by DIU team but they starting firing. In counter, police also made firing. It is alleged that the petitioner has also received gun shot injury. It is the case of the prosecution that he is one of the miscreants.
Patna High Court CR. MISC. No.30643 of 2025(2) dt.22-05-2025 2/2
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further been submitted that petitioner was present at that place where firing was going on and he received the gun shot injury. His name has been framed in this case only because of his criminal antecedent. He is having criminal antecedent of five cases. He is languishing in judicial custody since 26.01.2025.
5. Learned APP for the State has vehemently opposed the application for 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga in connection with Kamtaul P.S. Case No. 22 of 2025.
(Ashok Kumar Pandey, J) lata/- U T