Shyam Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58201 of 2025 Arising Out of PS. Case No.-49 Year-2024 Thana- SAHIYARA District- Sitamarhi ====================================================== Shyam Sahni Son of Bhagirath Sahni @ Bhagrit Sahni Resident of VillageNijamuddinpur, P.S.- Sahiyara, Dist. - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)(a), 26 & 35 of the Arms Act.
3. As per prosecution case, police received information that about 5-6 unknown miscreants have assembled for committing an offence. Acting upon the said information, police proceeded to the location and managed to apprehend one accused person, namely Chandra Shekhar Kumar, whereas others managed to fled away. Upon search, one country made pistol was recovered from possession of apprehended coaccused. Petitioner is alleged to be one of the accused person who fled away from the spot.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.58201 of 2025(2) dt.15-10-2025 2/2 petitioner is quite innocent and has committed no offence. Petitioner has been made accused in this case merely on the basis of confessional statement of co-accused, who was apprehended on spot. No incriminating article has been recovered from possession of this petitioner. Similarly situated co-accused Sunil Kumar has already been granted anticipatory bail by this Court, vide order dated 27.03.2025 passed in Cr.Misc. No. 9348 of 2025. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the general & omnibus nature of accusation and clean antecedents of the petitioner, the prayer for anticipatory bail of petitioner is allowed. In the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Sitamarhi in connection with Sahiyara P.S. Case No. 49 of 2024, subject to condition as laid down under Section 438(2) of Cr.P.C. / Section 482 of the B.N.S.S.
(Prabhat Kumar Singh, J) anay U T