Patna High Court
Sushil Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Sushil Kumar Sah, was arrested in connection with offences under Sections 310(4), 310(5), 112(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act, based on the recovery of a pistol and live cartridges from co‑accused Shambhu Sah. The petitioner claims innocence, arguing that his name appears only through a confessional statement of the co‑accused and that the seized arms were not in his possession. He has six prior criminal antecedents and has been in custody since 29‑07‑2025, while the State opposes bail. The Court considered the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the period of custody already served, and the principle of parity with a co‑accused who had been granted bail. Accordingly, the Court granted bail on the condition of a Rs.15,000 bond with two sureties and imposed standard bail conditions regarding appearance, non‑tampering with evidence and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the Bharatiya Nyaya Sanhita and Arms Act
- Whether the petitioner’s alleged involvement, based solely on a co‑accused’s confessional statement, warrants continued detention
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 112(2), 310(4), 310(5), 317(5)
Subjects
- bail
- criminal procedure
- Arms Act
- confessional statement
- co-accused
- antecedents
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86859 of 2025
Arising Out of PS. Case No.-397 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Sushil Kumar Sah S/o Nageshwar Sah Resident of village - Garha, Rampur,
Ward No. 13, Police Station - Shankarpur, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun, Advocate
For the Opposite Party/s : Mr.Harendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Triveniganj P.S. Case No. 397 of 2025, instituted for the
offences punishable under Sections 310(4), 310(5), 112(2),
317(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections
25(1-B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that there is
recovery of one country made pistol and two live cartridges in
this case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is not named in the F.I.R. No
incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.86859 of 2025(3) dt.09-02-2026
2/3
possession of the petitioner. Learned counsel for the petitioner
also submits that the petitioner has got no concern with the
alleged recovery of arms. The name of the petitioner transpires
in this case on the basis of confessional statement of co-accused.
Learned counsel for the petitioner further submits that the
revovery has been made from co-accused Shambhu Sah, who
has been granted bail by this Court vide order dated 20.01.2026
passed in Cr. Misc. No. 91117 of 2025. The petitioner is in
custody since 29.07.2025 and has got six criminal antecedents.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also claim based on parity, and taking into
account the period of custody undergone by the petitioner, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Triveniganj P.S. Case No. 397 of 2025,
Patna High Court CR. MISC. No.86859 of 2025(3) dt.09-02-2026
3/3
subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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