Abbu Shama @ Abu Shama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84417 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- Sonki District- Darbhanga ====================================================== Abbu Shama @ Abu Shama Son of Kamre Alam R/O - Vill. Bhairopatti. Ps.- Bahadurpur. Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Renuka Ratnakar (App 125) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 137(1) and 140(1) of the Bharatiya Nyaya Sanhita, 2023.

3. The case of the prosecution in short is that the son of the informant namely, Rishi Kumar Mandal was kidnapped by unknown miscreants.

4. Learned counsel for the petitioner has submitted that the FIR was lodged against unknown miscreants. During course of investigation this petitioner has given his confessional statement and it has further been submitted that save and except the confessional statement of this petitioner, there is nothing against him. During course of investigation, the victim was recovered and he has given his statement under Sections 180

Patna High Court CR. MISC. No.84417 of 2025(3) dt.05-02-2026 2/2 and 183 of the BNSS. In his statement under Section 183 of the BNSS he has not named this petitioner whereas in his statement under Section 180 of the BNSS he has named this petitioner. Learned counsel for the petitioner has submitted that though the victim has named the petitioner in his statement under Section 180 of the BNSS but has not attributed any role to the petitioner. Learned counsel for the petitioner has lastly submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 16.08.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sonki P.S. Case No. 115 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Darbhanga.

(Ashok Kumar Pandey, J) durgesh/- U T