Nawal SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90473 of 2025
                 Arising Out of PS. Case No.-212 Year-2025 Thana- SHIKARGANJ District- East Champaran
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                 Nawal Sah S/O Panchu Sah @ Pachu Sah R/O Village- Kohbarwa, P.S-
                 Shikarganj, Distt.- East Champaran.

                                                                                  ... ... Petitioner/s
                 Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   20-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Shikarganj P.S. Case No. 212 of 2025

                   registered for the alleged offences under Sections 103(1), 61(2)

                   r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27 of the

                   Arms Act.

                                03. As per prosecution case, second husband of the

                   informant was shot dead and the informant named co-accused

                   persons including her first husband for being involved in the

                   occurrence. The name of the petitioner transpired during

                   investigation for being involved in the alleged occurrence.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.90473 of 2025(3) dt.20-02-2026
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          case. Learned counsel further submits that the deceased was the

          own brother of the first husband of the informant and the

          petitioner is said to be associate of the brother of the deceased.

          During investigation, no material has come up on record

          showing the complicity of the petitioner in the alleged

          occurrence. Even in confessional statement, it has only come

          that the petitioner accompanied the co-accused when the co-

          accused shot dead his brother. However, no one has seen the

          killing. The petitioner has been made accused in the present case

          without any cogent evidence or material. The petitioner is in

          custody since 30.08.2025 and charge-sheet has been submitted.

          The petitioner is having no criminal antecedent.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of materials collected against the petitioner in the light of

          allegation made and also considering the period of custody of

          the petitioner and his clean antecedent along with submission of

          charge-sheet, the petitioner above named is directed to be

          released on bail on furnishing bail bonds of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.90473 of 2025(3) dt.20-02-2026
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                     satisfaction of learned Judicial Magistrate 1st Class, Sikarahna,

                     East Champaran, Motihari/court concerned in connection with

                     Shikarganj P.S. Case No. 212 of 2025, subject to the conditions

                     mentioned in Section 480(3) of BNSS and the following

                     conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T