Suresh Shah @ Suresh Sha @ Suresh Sah @ Suresh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50855 of 2025 Arising Out of PS. Case No.-187 Year-2025 Thana- PATNA CITY CHOWK District- Patna ====================================================== Suresh Shah @ Suresh Sha @ Suresh Sah @ Suresh Prasad S/o Rajendra Sah @ Rajendra Saw R/o Mohalla- Near Kali Mandir, Kaimashikoh, Kaua Kho, P.S.- Chowk, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Kumar, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Chowk P.S. Case No. 187 of 2025, dated 18.05.2025, lodged under Sections 126(2), 352, 109 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023") and Sections 25(1-B)(a), 26, 35 & 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against four named accused persons, including the present petitioner, alleging that all the accused persons surrounded the informant's son in relation to an accident that took place one week ago. Meanwhile, it is alleged that one firing was made, due to which the informant received an injury to his stomach.
Patna High Court CR. MISC. No.50855 of 2025(2) dt.11-08-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that, although the name of the petitioner appears in the FIR, the contents of the FIR make it crystal clear that the incident took place involving the petitioner and an E-Rickshaw one week ago, due to which the petitioner was admitted to the hospital and was discharged only on 16.05.2025. Counsel further submits that, due to the said injury, he was not in a position to perform his work personally. Counsel further submits that there is no allegation of any act or overt act against the petitioner. Counsel also submits that the discharge slip for his treatment is attached to the petition as Annexure-2. Additionally, counsel submits that the criminal antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that from the record, it transpires that the petitioner was injured and his antecedent is also clean.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing
Patna High Court CR. MISC. No.50855 of 2025(2) dt.11-08-2025 3/3 bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of A.C.J.M-VI, Patna City, in connection with Chowk P.S. Case No. 187 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Aman Kumar/- U T