Biran Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50930 of 2025 Arising Out of PS. Case No.-333 Year-2023 Thana- BASANTPUR District- Siwan ====================================================== 1.

Biran Sah S/O Late Fulman Sah R/O Village- Khawaspur, Tola Nandpur, P.S- Lakri, Niviganj, Dist.- Siwan.

2.

Papu Sah S/O Dhuran Sah R/O Village- Khawaspur, Tola Nandpur, P.SLakri, Niviganj, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Raghav Prasad, Advocate For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.

2. The petitioners seek bail in a case registered for the offence punishable under Sections 120B, 302 and 34 of the Indian Penal Code.

3. As per prosecution case, on 16.10.2022 at about 1:00 PM, all the F.I.R. named accused persons, including these petitioners, entered the house of the informant and took her husband along with them to buy Pokhra (Pond) but he did not return. Later on, on search, dead body of husband of informant was found thrown into the Chanwar. Informant suspects that the

Patna High Court CR. MISC. No.50930 of 2025(2) dt.19-09-2025 2/3 accused persons committed murder of her husband and threw his dead body.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Informant is not an eye witness of the occurrence and only suspicion has been raised against these petitioners. At best, it is a case of last seen with the deceased. Similarly situated coaccused person, namely Satyendra Rawat, has already been granted bail by this Hon'ble Court vide order dated 26.03.2025 passed in Cr. Misc. No. 83428 of 2024. Charge-sheet has already been submitted and petitioners are in custody since 08.04.2025. Petitioners have got no criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity, period of custody and clean antecedent of the petitioners, the prayer for grant of bail to the petitioners is allowed.

7. Accordingly, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Siwan in connection with

Patna High Court CR. MISC. No.50930 of 2025(2) dt.19-09-2025 3/3 Basantpur (Lakri Naviganj O.P.) P.S. Case No. 333 of 2023. (Prabhat Kumar Singh, J) shashank/- U T