Patna High Court
Shah Niyaz @ ChunnaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner.
Summary
Shah Niyaz @ Chunna was arrested in connection with a case registered under Sections 115(2), 126(2) and 109 of the Indian Penal Code for the alleged killing of a deceased. He had been in custody since 29 November 2025 and claimed that he was falsely implicated, asserting that the specific allegations of assault were directed at other accused persons. The State opposed his bail application. The Patna High Court, after hearing counsel for both sides, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to cooperate with the trial by appearing personally or through counsel on all dates. The Court clarified that its order was limited to the bail matter and did not prejudice the merits of the case.
Issues considered
- Whether bail should be granted to the petitioner in a case involving offences under Sections 115(2), 126(2) and 109 of the IPC.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 126(2)
Subjects
- bail
- criminal procedure
- IPC
- murder
- cognizable offence
- surety
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21241 of 2026
Arising Out of PS. Case No.-380 Year-2025 Thana- JOKIHAT District- Araria
======================================================
Shah Niyaz @ Chunna S/O Iqubal R/O Village- Dohmana, Ward No. 12, P.S-
Jokihat, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrigendra Kumar
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with
Jokihat P.S. Case No. 380 of 2025 registered for the offence
under Sections 115(2), 126(2), 109
3. As per the prosecution case, the allegation
against all the accused persons is of killing the deceased.
4. The petitioner is in custody since 29.11.2025.
5. 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. He further submits that there is no
specific allegation against the petitioner and the specific
allegation of assault is against Bilal, Dilnawaj and Jawed.
6. Learned counsel for the State and informant have
Patna High Court CR. MISC. No.21241 of 2026(2) dt.06-04-2026
2/2
opposed the application of the petitioner for grant of bail.
7. Considering the aforesaid facts, this application
is allowed.
8. Let the petitioner, above named, be released on
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 concerned Court below in connection with Jokihat
P.S. Case No. 380 of 2025.
9. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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