Visun Kumar Sah @ Visun Kumar @ Vishnu Kumar Sah @ Vishnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42170 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Visun Kumar Sah @ Visun Kumar @ Vishnu Kumar Sah @ Vishnu Kumar S/O Birendra Sah Resident of Village- Majhauli, Maricha Ram, P.S.- Sara, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Adv For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-12-2025 Heard the parties.

2. The petitioner seeks bail in connection with Sadar P.S. Case No. 33 of 2025 registered for the offences under Sections 310(3) and 317(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

3. The petitioner is not named in the F.I.R. and is in custody since 06.03.2025.

4. As per FIR, some unknown miscreants looted cash and office articles etc., from the office of brother of informant who was shot dead by miscreants during the occurrence, itself.

5. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner transpired on the basis of suspicion and secret information given by police spy. It is also

Patna High Court CR. MISC. No.42170 of 2025(3) dt.05-12-2025 2/3 submitted that petitioner is not visible in CCTV installed in the shop of brother of informant. It is also submitted that TIP was also not conducted as to establish his connection/involvement with the present crime in question. It is submitted that similarly situated coaccused namely Sandeep Kumar Jha has already granted bail by learned Co-ordinate Bench of this Court through Cr. Misc. No. 66307 of 2025 dated 04.11.2025. While concluding the argument it is submitted that, petitioner found involved in one more case, where he is on bail and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of secret information as advanced by police spy prima-facie nothing incriminating surfaced during the investigation as to connect petitioner with the present crime in question, coupled with the fact as petitioner remains in custody since 06.03.2025, accordingly above named petitioner, is directed to be released on bail in connection with Sadar P.S. Case No. 33 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.42170 of 2025(3) dt.05-12-2025 3/3 the like amount each to the satisfaction of learned C.J.M. Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T