Vishal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49886 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- MIRGANJ District- Gopalganj ====================================================== Vishal Sah Son of Sudama Sah R/o Village - Bari Raibton, P.S.- Hathua, Gopalganj, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mirganj P.S. Case No. 1 of 2025 instituted for the offences under Sections 126(2), 115(2), 303(2), 109, 118(2), 352, 3(5) of the BNS and Section 27 of the Arms Act.

3. Prosecution case, in short, is that the petitioner along with other co-accused persons was involved in the illegal liquor liquor trade and had previously threatened the informant. It is further alleged that on 01.01.2025, during a picnic, the accused persons including the petitioner arrived at the spot,

Patna High Court CR. MISC. No.49886 of 2025(2) dt.05-08-2025 2/3 abused and assaulted the informant's associates. It is further alleged that co-accused Ramesh Sah, armed with pistol, shot the informant on his left leg.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case and the offences alleged against him are false and concocted. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific accusation of shooting at the informant's leg is attributed to one co-accused Ramesh Sah. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.01.2025 and has two criminal antecedents.

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

6. Considering the aforesaid facts and circumstances of the case, there being no direct allegation against the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.49886 of 2025(2) dt.05-08-2025 3/3 below/concerned Court in connection with Mirganj P.S. Case No. 1 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T