Patna High Court
Shambhu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary bond, sureties, and conditions of appearance.
Summary
The petitioner, Shambhu Sah, was arrested in connection with a dacoity (Section 395 IPC) involving armed robbery of two houses on 28.04.2024. He has been in custody since 15.07.2024 and possesses ten prior criminal convictions. The prosecution’s case relies on the confession of a co‑accused, as the petitioner’s name does not appear in the FIR and no material was recovered from his possession. The petitioner’s counsel argued false implication and cited the filing of the charge sheet and the bail granted to another co‑accused. The State opposed bail, emphasizing the seriousness of the offence and the petitioner’s antecedents. The court, considering the length of custody, the charge sheet, and the principle of parity, granted bail subject to a cash bond and sureties, with conditions for appearance and possible cancellation on default.
Issues considered
- Whether bail can be granted in a dacoity case under Section 395 IPC despite the seriousness of the offence and the petitioner’s ten prior convictions.
- Whether the confession of a co‑accused, without the petitioner’s name in the FIR or recovery of material, is sufficient to deny bail.
- Whether the filing of the charge sheet and the period of pre‑trial custody affect the petitioner’s right to bail.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- dacoity
- Section 395 IPC
- criminal antecedents
- co‑accused confession
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89459 of 2025
Arising Out of PS. Case No.-54 Year-2024 Thana- SAHIYARA District- Sitamarhi
======================================================
Shambhu Sah S/O Late Budhan Sah R/O Vill.- Basha, P.S- Bajpatti, Dist-
Sitamrhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Sahiyara P.S. Case No. 54 of 2024 instituted for the offence
under Section 395 of the Indian Penal Code.
3. The prosecution case is that on 28.04.2024
midnight, 7–10 armed miscreants forcibly entered the houses of
Vishwanath Singh and Ranjan Kumar, threatened their families
at gunpoint, assaulted them, and looted cash, jewellery, and
valuables. After locking the victims inside, the accused fled with
the looted articles.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 15.07.2024. Petitioner
Patna High Court CR. MISC. No.89459 of 2025(2) dt.16-01-2026
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bears ten criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has surfaced in this case on the basis of confessional statement
of the co-accused. Nothing has been recovered from the
conscious possession of the petitioner. Charge sheet has already
been submitted in this case. Other co-accused has been granted
bail by this Court vide order dated 16.04.2025, passed in Cr.
Misc. No. 19024 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and charge sheet being submitted, this Court is inclined to
grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Sahiyara P.S. Case No. 54 of 2024, subject to
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the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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