Devan Sah @ Dev Narayan Sah @ Deven Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36690 of 2025 Arising Out of PS. Case No.-98 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Devan Sah @ Dev Narayan Sah @ Deven Sah son of Late Yadunandan Sah @ Jaddulal Sah Resident of village- Belgachhi PS- Dagarua District- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar, Adv.
For the Opposite Party/s :
Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Azamnagar P.S. Case No. 98 of 2024 dated 09.03.2024 registered for the offences punishable under Sections 395 of the I.P.C., 27 of the Arms Act and 3⁄4 of the Explosive Substance Act.
3. As per the prosecution case, on 08.03.2024, 20-25 unknown miscreants holding lethal weapons are alleged to have entered the house of the informant with deadly weapons and committed dacoity of jewellery, cash, a mobile phone, D.V.R. and other articles from his house and fled away.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.36690 of 2025(2) dt.06-08-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the occurrence took place on 08.03.2024 as to when the F.I.R. has been lodged on 09.03.2024 against unknown accused persons. The petitioner is not named in the F.I.R. His name has surfaced in the present case on the basis of the confessional statement of the co-accused Hiralal Ray and Shripati Yadav which has got no evidentiary value in the eye of law. The charge-sheet has been submitted in this case against the petitioner but no T.I. Parade has been held to ascertain the involvement of the petitioner in the alleged offence. The other co-accused person, namely, Md. Akil @ Sekh Akil has already been granted regular bail by a Bench of this Court vide Cr. Misc. No. 49041 of 2024 under order dated 29.08.2024. The petitioner has six criminal antecedents as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 21.12.2024.
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, above named, 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.36690 of 2025(2) dt.06-08-2025 3/3 the like amount each to the satisfaction of learned C.J.M. Katihar in connection with Azamnagar P.S. Case No. 98 of 2024, with a condition:- (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 bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shivam/- U T