Created by Fuzzy Cloud

Patna High Court

Sudhir Sah @ Sudhir Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered that both petitioners be enlarged on bail.

Summary

The petitioners, Amit Kumar Yadav and Sudhir Sah, were arrested in connection with a robbery alleged under section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, 1959. The FIR states that a traveller was looted of Rs.5,00,000 by six accused in a Scorpio vehicle. During investigation, the name of the petitioners emerged in the confessional statement of co‑accused Sunil Kumar, who had already been released on bail. No incriminating articles were recovered from the petitioners and they had been in custody since August and November 2025 respectively. The learned Additional Chief Judicial Magistrate opposed bail, but the High Court, after considering the lack of material evidence and the co‑accused’s statement, ordered that both petitioners be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Partha Sarthy.

Issues considered

  • Whether regular bail should be granted to the accused under sections 310(2) of the Bharatiya Nyaya Sanhita and 27 of the Arms Act despite the co‑accused’s confession and absence of recovered material.

Legislation cited

Subjects

  • bail
  • regular bail
  • attempt to murder
  • Arms Act
  • co‑accused confession
  • high court
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.12418 of 2026
                     Arising Out of PS. Case No.-211 Year-2025 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Amit Kumar Yadav @ Amit Yadav S/O Hari Yadav @ Kari Yadav Resident of
                 Village- Kanhauli, P.S- Sakri, District- Madhubani.

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 12422 of 2026
                     Arising Out of PS. Case No.-211 Year-2025 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Sudhir Sah @ Sudhir Kumar Sah S/o Shankar Sah Resident of village-
                 Korahiya, P.S- Jaynagar, District- Madhubani

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 12418 of 2026)
                 For the Petitioner/s     : Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
                 (In CRIMINAL MISCELLANEOUS No. 12422 of 2026)
                 For the Petitioner/s     : Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   26-02-2026                 Heard learned counsel for the parties.

                               2. The petitioners have preferred this application for

                   grant of regular bail in connection with Bahera P.S. Case no. 211

                   of 2025 registered under section 310(2) of the Bharatiya Nyaya

                   Sanhita, 2023 and section 27 of the Arms Act, 1959.

                               3. As per the prosecution case, the informant states
Patna High Court CR. MISC. No.12418 of 2026(2) dt.26-02-2026
                                            2/3




          that while he was going to Darbhanga in his car carrying

          Rs.5,00,000/- besides other articles in a bag, six accused persons

          in a scorpio vehicle looted him of his articles including cash.

                       4. Learned counsel for the petitioners submits that the FIR

          was registered against unknown. Referring to the order of the learned

          trial Court, it is submitted that name of both the petitioners transpired

          in course of investigation in the confessional statement of co-accused

          Sunil Kumar who has himself been enlarged on bail vide order dated

          5.12.2025 passed in Cr. Misc. no. 76706 of 2025. No incriminating

          article has been recovered from the petitioners’ possession. The

          petitioners are in custody since 1.8.2025 and 25.11.2025 respectively.

          The cause of their false implication are their antecedents.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the material

          that has transpired in course of investigation as evident from the

          order of the learned trial Court, the name of the petitioners

          transpiring in the statement of a co-accused Sunil Kumar who

          has himself been enlarged on bail vide order dated 5.12.2025

          and the petitioners having remained in custody since 1.8.2025

          and 25.11.2025, in the facts of the case, the Court directs that both
           Patna High Court CR. MISC. No.12418 of 2026(2) dt.26-02-2026
                                                       3/3




                     the petitioners above named be enlarged on bail in connection with

                     Bahera P.S. Case no. 211 of 2025 (G.R. no. 261 of 2025) on each of

                     them furnishing bail bond of Rs.10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each             to

                     satisfaction of the learned Additional Chief Judicial Magistrate,

                     Benipur, Darbhanga.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.