Sah Mohammad @ Sah Mohammad Miya @ Sha Mahamad @ Sha Mahamahad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67005 of 2025 Arising Out of PS. Case No.-5 Year-2024 Thana- DARPA District- East Champaran ====================================================== Sah Mohammad @ Sah Mohammad Miya @ Sha Mahamad @ Sha Mahamahad S/O Madis Miyan Resident of Village - Shyampur, P.S. - Adapur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 302, 201, 120B of the Indian Penal Code.

3. The petitioner is alleged to be mediator in a deal, in which deceased and others were involved and on this ground, the informant suspects that petitioner along with other coaccused killed his father.

4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R., it is apparent that informant is not eye-witness to the alleged occurrence and entire prosecution case is bases on suspicion. Petitioner is only alleged to be a mediator in one of the deal conducted by the father of informant and there is no allegation that he (petitioner) had any motive to

Patna High Court CR. MISC. No.67005 of 2025(2) dt.05-12-2025 2/2 commit murder of father of informant. Similarly situated coaccused persons have been granted anticipatory bail by this Court, vide order dated 19.08.2025 passed in Cr.Misc. No. 27352 of 2025 and order dated 15.10.2025 passed in Cr.Misc. No. 71333 of 2025. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below 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 Judicial Magistrate 1st Class, Raxaul at East Champaran, Motihari in connection with Darpa P.S.Case No. 5 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S. (Prabhat Kumar Singh, J) anay U T