Patna High Court
Shankar Sah @ Shankar SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond, sureties, and reporting conditions.
Summary
The petitioner, Shankar Sah, was arrested on 23-12-2025 in connection with a theft of iron rods and charged under Sections 334(1) and 303(2) of the BNS. He applied for bail, claiming innocence and false implication. The court examined the nature of the allegations and the fact that he had been in custody for several months. Considering the circumstances, the court allowed the bail application, ordering release on a Rs.10,000 bond with two sureties who must be close relatives. The bail was conditioned on the petitioner reporting to the police station every Sunday and on the cancellation of bail if he is involved in any future case.
Issues considered
- Whether bail should be granted to the accused under Sections 334(1) and 303(2) of the BNS in a theft case.
- Whether the conditions imposed by the court are appropriate for the grant of bail.
Legislation cited
- BNS — s. 303(2), 334(1)
Subjects
- bail
- theft
- criminal procedure
- conditions of bail
- Section 334
- Section 303
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17390 of 2026
Arising Out of PS. Case No.-477 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Shankar Sah @ Shankar Saw S/O Musaharu Sah Resident of Village-
Tataraha, PS- Pandaul, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Rajnagar P.S. Case No. 477 of 2025 registered for the offence
under Section 334(1), 303(2) of the BNS.
3. As per the prosecution case, the petitioner is
accused of committing theft of iron rods.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. The petitioner is in custody since
23.12.2025.
5. Considering the nature of allegation levelled
against the petitioner, this application is allowed.
6. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.17390 of 2026(2) dt.16-03-2026
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bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned ACJM-1st, Madhubani/concerned Court below in
connection with Rajnagar P.S. Case No. 477 of 2025, subject to
the condition that both the bailors should be close relative of the
petitioner.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Pandaul Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
8. It is made clear that if the petitioner is found to be
involved in any other case in future then his bail bonds shall be
cancelled.
(Sandeep Kumar, J)
Vikas/-
U
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