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Patna High Court

Vijay SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond of Rs.25,000 and two sureties, with the condition that bail may be cancelled if the trial is delayed.

Summary

Vijay Sah was arrested in connection with a case registered under multiple sections of the B.N.S. in Aurai, Muzaffarpur. He had earlier applied for regular bail, which was rejected, and after the charge sheet was filed, he renewed his bail application. The State opposed bail on the ground that the petitioner might abscond, while the petitioner assured cooperation with the trial. The court, after considering the submissions, ordered his release on bail upon furnishing a cash bond of Rs.25,000 and two sureties of equal amount, one of whom must be his mother, Kusmi Devi. The court also warned that the bail could be cancelled if the petitioner attempts to delay the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and the risk of absconding
  • Whether the proposed sureties, including the petitioner’s mother, are adequate to secure the bail

Subjects

  • bail
  • criminal procedure
  • charge framing
  • surety
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73695 of 2025
                      Arising Out of PS. Case No.-276 Year-2024 Thana- AURAI District- Muzaffarpur
                 ======================================================
                 Vijay Sah S/O Radhey Sah @ Radhe shyam Sah R/O Village- Sarhanchiya,
                 P.S.- Aurai, Distt.- Muzaffarpur
                                                                      ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Punam Shrivastava, Adv.
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   26-02-2026                  1. Heard learned counsel for the petitioner and learned

                   APP for the State Mr. Rabindra Kumar.

                                2. The petitioner seeks bail in Aurai (Muzaffarpur) P.

                   S. Case No.276 of 2024 registered for the offences punishable

                   under Sections 126(2), 115(2), 127(2), 109, 124(1), 74, 332(b),

                   352, 351(2), 351(3) and 3(5) of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   petitioner had earlier moved before this court seeking regular

                   bail by filing Cr. Misc. No.28750 of 2025 and the same came to

                   be rejected by an order dated 06.08.2025 with liberty to the

                   petitioner to renew his prayer for bail after framing of charge. It

                   is next submitted that charges against the petitioner stands

                   framed by an order dated 25.07.2025, as would manifest from

                   Annexure-3 to the bail application.

                                4. Learned A.P.P. opposes the prayer for bail of the
           Patna High Court CR. MISC. No.73695 of 2025(3) dt.26-02-2026
                                                       2/2




                     petitioner and submits that in the event if privilege of bail is

                     granted to the petitioner, the petitioner may abscond, on which,

                     the learned counsel appearing on behalf of the petitioner

                     submits that petitioner will not abscond rather will cooperate in

                     the trial to prove his innocence.

                                  5. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, is

                     directed to be released on bail on furnishing bail bonds of

                     Rs.25,000/- (Rupees twenty five thousand) with two sureties of

                     the like amount each to the satisfaction of the learned trial court

                     where the case is pending/successor court in connection with

                     Aurai (Muzaffarpur) P.S. Case No.276/2024.

                                  6. Further, one of the bailors of the petitioner shall be

                     his mother, namely, Kusmi Devi, as it has been submitted that

                     even the father of the petitioner has been implicated in the FIR.

                                  7. It is made clear that if the learned trial court comes

                     to a conclusion that petitioner after his release is trying to delay

                     the trial in any manner, the learned trial court shall be at liberty

                     to cancel the bail bonds of the petitioner.



                                                         (Satyavrat Verma, J)
amit/-
U      T


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