Patna High CourtCR. MISC./91078/2025bail granted

Dharam Sah v. The State Of Bihar

2026-05-05Mr. Justice Praveen Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91078 of 2025 Arising Out of PS. Case No.-181 Year-2024 Thana- BARSOI District- Katihar ====================================================== Dharam Sah S/o Late Arun Sah Resident of Village- Aalepur, P.S.- Sudhani, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Musowir, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barsoi P.S. Case No. 181 of 2024 registered for the offences punishable under Sections 319(2), 318(4), 338, 303(2), 317(2), 317(5) of the BNS.

3. As per the prosecution case, on 15.09.2024, the informant apprehended co-accused Viru Kumar Sah with a motorcycle which was allegedly stolen. Further, the apprehended accused stated that he, along with the petitioner, had stolen the said motorcycle from West Bengal and got it registered in his name.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.91078 of 2025(4) dt.05-05-2026 2/3 that the petitioner is innocent and has falsely been implicated in this case.It has further been submitted that the petitioner is not named in the FIR, and his name transpired in the confessional statement of the co-accused, Viru Kumar Sah. The motorcycle in question has been recovered from the possession of the coaccused, Viru Kumar Sah. It has further been submitted that the motorcycle was registered with the Transport Department in the name of Viru Kumar Sah, and it may be presumed that the motorcycle was not stolen. The investigating agency has failed to bring on record any evidence that the motorcycle was stolen, and no theft case regarding the said motorcycle has been lodged elsewhere. It has further been submitted that as per the impugned order dated 12.11.2025, it is clear that charge sheet has been filed and cognizance has been taken against the petitioner. Lastly, it has been submitted that the petitioner has got six criminal antecedents in which he is on bail and is in custody since 20.02.2025.

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

6. Heard the parties and perused the record, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.91078 of 2025(4) dt.05-05-2026 3/3 with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar, in connection with Barsoi P.S. Case No. 181 of 2024.

7. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T