Sushil Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86859 of 2025 Arising Out of PS. Case No.-397 Year-2025 Thana- TRIVENIGANJ District- Supaul ====================================================== Sushil Kumar Sah S/o Nageshwar Sah Resident of village - Garha, Rampur, Ward No. 13, Police Station - Shankarpur, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Triveniganj P.S. Case No. 397 of 2025, instituted for the offences punishable under Sections 310(4), 310(5), 112(2), 317(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that there is recovery of one country made pistol and two live cartridges in this case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.86859 of 2025(3) dt.09-02-2026 2/3 possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged recovery of arms. The name of the petitioner transpires in this case on the basis of confessional statement of co-accused. Learned counsel for the petitioner further submits that the revovery has been made from co-accused Shambhu Sah, who has been granted bail by this Court vide order dated 20.01.2026 passed in Cr. Misc. No. 91117 of 2025. The petitioner is in custody since 29.07.2025 and has got six criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as also claim based on parity, and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Triveniganj P.S. Case No. 397 of 2025,

Patna High Court CR. MISC. No.86859 of 2025(3) dt.09-02-2026 3/3 subject to the following conditions:

(I) One of the bailors shall be the petitioner's own or close member.

(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T