Shiyaram Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48239 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Shiyaram Mehta Son of Nago Mehta R/o- Madatpur Basa, Ward No. 13, P.S.- Alamnagar, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Verma, Advocate For the Opposite Party/s :

Ms. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 103(1) and 61(2) of the BNS as well as Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of 17 cases and the informant alleges that his brother, a contractor, was returning home on a Maruti Car driven by Pushpam Kumar (son of the informant), when six unknown accused intercepted them and took his brother out of the car and shot him dead, thus, alleges based on suspicion that Pappu Chaudhary, Amit Sah along with other accused got his brother killed.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and from perusal of the order

Patna High Court CR. MISC. No.48239 of 2025(3) dt.26-09-2025 2/3 impugned, it would manifest that the same records that at para 72 of the case diary, the confessional statement of the petitioner was recorded wherein he disclosed that he participated in the occurrence along with other accused persons. It is further submitted that confessional statement in the police custody does not have any evidentiary value in the eye of law. It is next submitted that Amit Sah @ Amit Kumar, who was named in the FIR, had approached this Court seeking anticipatory bail by filing Cr. Misc. No. 13751 of 2025 and the same was allowed by an order dated 12.05.2025. It is also submitted that charges against the petitioner stand framed by an order dated 06.06.2025.

5. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that petitioner has antecedent of 17 cases and if the privilege of regular bail is granted to the petitioner, the petitioner may abscond on which learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the trial to prove his innocence.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above named, is directed to be released on bail on furnishing

Patna High Court CR. MISC. No.48239 of 2025(3) dt.26-09-2025 3/3 bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending in connection with Puraini P.S. Case No. 233 of 2024.

7. One of the bailors of the petitioner shall be his father, namely, Nago Mehta.

8. However, it is made clear that if the learned trial court comes to a conclusion that petitioner, after his release, is trying to delay the trial of the case in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Satyavrat Verma, J) Kundan/- U T