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Patna High Court

Shah Niyaz @ ChunnaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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