Sabba Karim @ Nanki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53333 of 2025 Arising Out of PS. Case No.-459 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Sabba Karim @ Nanki S/o Asraf Alam Vill.- Jharawa, Ward No.- 4, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bal Govind Sharma, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 309(4) and 111 of the B.N.S.

3. The allegation in the first information report is that the informant was robbed and shot in his leg by two miscreants on a motorcycle, who escaped after snatching cash and laptop certificate.

4. Learned counsel for the petitioner submits that the name of the petitioner does not figure in the first information report and he was neither arrested on the spot nor any incriminating article has been recovered from his possession. Till date, no Test Identification Parade has been done. The name of the petitioner has surfaced only on account of confessional statement of co-accused Ajay Sahni which has no evidentiary value. But for the said confessional statement, there is no material

Patna High Court CR. MISC. No.53333 of 2025(4) dt.28-11-2025 2/2 to connect the petitioner with the offence. The petitioner has remained in custody since 29.04.2025.

5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the first information report.

6. Taking into consideration the facts and circumstances and also considering the fact that the only material against the petitioner is confessional statement of co-accused before the police which has no evidentiary value and charge-sheet has already been submitted against the petitioner, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran/concerned Court below in connection with Harsidhi P.S. Case No. 459 of 2024 subject to condition that:- (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J) anand/- U T