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Patna High Court

Shami Anannd @ Shummy AnandversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to be released on bail.

Summary

The petitioner, Shami Anand, was arrested in connection with a murder case (PS case no. 579 of 2025) and charged under Sections 103(1), 3(5) of the BNS and Sections 25(1‑b)a, 26 and 27 of the Arms Act. The informant, father of the deceased, alleged that the petitioner, along with unknown persons, committed the murder, but there was no eye‑witness or direct evidence linking the recovered pistol and cartridges to the petitioner. The petitioner argued that he was falsely implicated, had no credible evidence against him, and had been in custody since 25‑04‑2025. The prosecution opposed bail but did not dispute the lack of direct evidence. The court, noting the absence of eyewitnesses, the completed investigation, the low risk of flight or tampering, and the heavy docket causing trial delay, decided to grant bail with conditions. The bail bond was set at Rs. 25,000 with two sureties and specific conditions to ensure cooperation and prevent interference with the trial.

Issues considered

  • Whether bail should be granted to the accused in a murder and arms possession case despite lack of direct evidence and eyewitnesses.
  • Whether the accused poses a risk of fleeing, tampering with evidence, or misusing liberty if released on bail.
  • Whether the nature and severity of the offences under the BNS and Arms Act preclude the grant of bail.

Legislation cited

  • Arms Act — s. 25(1-b)a, 26, 27
  • BNS — s. 103(1), 3(5)

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • BNS
  • lack of evidence
  • trial delay
  • presumption of innocence
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91214 of 2025
                   Arising Out of PS. Case No.-579 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Shami Anannd @ Shummy Anand Son of Dharmendra Kumar @ Vimal
                 Sharma Resident of Village - Nawa Block, Punpun, P.O. - Pipra, P.S.- Pipra,
                 District - Patna, Bihar.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashutosh Nath, Adv.
                                                 Mr.Amritanshu Dangi, Adv.
                                                 Mr.Kunal Raushan, Adv.
                 For the Opposite Party/s :      Mr.Dilip Kumar No.1, APP
                                                 Mr.Sayed Imran Ghani, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                1.By means of this bail application, petitioner, who is

                   involved in connection with Phulwarisharif PS case no. 579 of

                   2025 registered for the offences under Sections 103(1), 3(5) of

                   BNS and under sections 25(1-b)a/26 and 27 of the Arms Act

                   seeks enlargement on bail during the pendency of trial.

                            2.Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor representing the State.

                            3.As per the prosecution case, informant who is father of

                   the deceased-Navneet Kumar gave an application to police on

                   11.04.2025 stating inter alia that on 11.04.2025 at about 1:30

                   PM, his son Navneet Kumar was murdered. Regarding the said
Patna High Court CR. MISC. No.91214 of 2025(2) dt.15-01-2026
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          incident he received an information at about 4:00 P.M. At the

          spot a pistol and some cartridges were also found. He has

          suspicion that Shummy Anand along with unknown persons got

          his son murdered.

                  4.It is argued by learned counsel for the petitioner that

          petitioner is innocent and he has been falsely implicated in this

          case due to ulterior motive. It is further submitted that there is

          no eye-witness of the alleged incident. During investigation, the

          Investigating Officer without collecting any credible and direct

          evidence against the petitioner made him accused only on the

          basis of suspicion raised in the mind of the informant treating

          his suspicion as gospel truth. Even, there is no evidence to

          connect the alleged recovered pistol and the cartridges with the

          petitioner. The petitioner, has criminal history of two cases, out

          of which, in one case, he has been acquitted and in the other

          case, he is on bail. Averments in this regard have been

          mentioned in paragraph no.3 of the bail application. Several

          other submissions in order to demonstrate the falsity of the

          allegations made against the petitioner have also been placed

          forth before the Court. Lastly, it is submitted that petitioner is

          languishing in jail since 25.04.2025 and in case he is released on

          bail, he will not misuse the liberty of bail and cooperate with the
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          trial.

                   5.Per contra, learned Additional Public Prosecutor for the

          State and learned counsel for the informant opposed the prayer

          for bail of the applicant reiterating the prosecution case as

          mentioned in F.I.R. but they do not dispute the averment made

          in bail application and the submission made at the bar on behalf

          of the petitioner.

                   6.Having heard the submissions of learned counsel for the

          parties and perused the record, I find that it is not in dispute that

          there is no eye-witness of the incident and there is no direct

          evidence against the petitioner. The investigation has been

          completed and charge-sheet has been submitted against the

          petitioner. Now there is no possibility of tampering with the

          witnesses. Due to heavy docket of the cases, the possibility of

          conclusion of trial of the petitioner in near future is very bleak.

          There is no chance of the petitioner, of fleeing away from the

          judicial process or tampering with the prosecution evidence. As

          on date there is no material on record to presume that there is

          danger, of course, of justice being thwarted by grant of bail to

          the petitioner.

                   7.In view of the above, without entering into merit of the

          case, keeping in view the nature of the offence, evidence,
Patna High Court CR. MISC. No.91214 of 2025(2) dt.15-01-2026
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          severity      of   punishment,          complicity   of   the   petitioner,

          submissions of the learned counsel for the parties made at the

          bar and reasons as noted above, this Court is of the opinion that

          the petitioner is liable to be released on bail.

                  8.Accordingly, the bail application of the petitioner stands

          allowed.

                  9.Let the petitioner namely Shami Anand @ Shummy

          Anand be released on bail in the aforesaid case on furnishing

          bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only)

          with two sureties each in the like amount to the satisfaction of

          the Court concerned with the following conditions:-

                  (i) That the petitioner shall cooperate with the expeditious

          disposal of the trial and shall regularly attend the Court unless

          inevitable. Two consecutive default in putting appearance shall

          lead to an action towards cancellation of the bail bond of the

          petitioner.

                  (ii) That the petitioner shall not directly or indirectly

          make any inducement, threat or promise to any person

          acquainted with the facts of the case so as to dissuade him from

          disclosing such facts to the Court or to any police officer or

          tamper with the evidence.

          (iii) That the petitioner shall not directly or indirectly involve in
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                      any criminal activity after being released on bail.

                              (iv) In case, at any stage it is found that the petitioner has

                      disclosed his incomplete criminal history before this Court,

                      learned Court below shall cancel the bail bonds of the petitioner

                      after hearing him and getting satisfied that the petitioner has

                      concealed his criminal antecedents despite his knowledge of the

                      same.

                              (v) In case, it is brought to the notice of the Court below

                      that statement regarding previous bail petition is wrong, learned

                      Court below shall cancel the bail bonds of the petitioner.

                              10.It is clarified that anything said in this order is limited

                      to the purpose of determination of this bail application and will

                      in no way be construed as an expression on the merits of the

                      case. The trial court shall be absolutely free to arrive at its

                      independent conclusions on the basis of evidence led unaffected

                      by anything said in this order.

                              11.The trial Court shall make an endeavour to conclude

                      the trial of the petitioner expeditiously without granting

                      unnecessary adjournment to either of the parties.



                                             (Sanjay Kumar Singh , J)
pallavi/-

U       T


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