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2026 DAILYLAW 33457 (PAT)

Munna Sah @ Stilwa v. The State of Bihar

CR. MISC./6897/2026 · 2026-02-04

Khatim Reza

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6897 of 2026 Arising Out of PS. Case No.-284 Year-2014 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Munna Sah @ Stilwa Son of Late Prasadi Sah R/o Village- Pipra, P.S. - Chautham, Dist. - Khagariya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 04-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Sahebpur Kamal P. S. Case No. 284 of 2014, dated 18-10-2014 instituted for the offence punishable under Sections 395 and 397 of the Indian Penal Code. 3. The prosecution case, in short, is that on 17.10.2014 at about 22:00 hours, while transporting wheat in Truck No. BR-01GC-4442 from Ballia to Siliguri, the informant was intercepted near Sri Chandpur Dhala by a white Tata Safari. Four miscreants boarded the truck, overpowered the driver and khalasi, committed robbery of cash, a mobile phone and the original documents of the truck. It is further alleged that they Patna High Court CR. MISC. No.6897 of 2026(2) dt.04-02-2026 2/4 assaulted them with a knife, restrained them and later abandoned them near Khagaria in injured condition. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner has not been named in the First Information Report. During the course of investigation, one co-accused, namely Dharmendra Kumar @ Rajnish, was apprehended by the police and merely on the basis of his confessional statement, the name of the petitioner surfaced in the instant case. It is submitted that no incriminating article has been recovered either from the conscious possession or from the house of the petitioner. It is further submitted that no Test Identification Parade has been conducted till date. Learned counsel further submits that the said co-accused, Dharmendra Kumar @ Rajnish, has already been granted bail vide order dated 23.06.2015 passed in Cr. Misc. No. 19246 of 2015. Another similarly situated co-accused, namely Banti Poddar @ Mrityunjay Poddar, has also been granted regular bail vide order dated 20.01.2021 passed in Cr. Misc. No. 34769 of 2020. Lastly, it is submitted that the petitioner has been in judicial custody since 03.03.2020 and has only two criminal cases pending against him. Patna High Court CR. MISC. No.6897 of 2026(2) dt.04-02-2026 3/4 5. Learned A.P.P. has opposed the prayer for bail. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Balia at Begusarai, in connection with Sahebpur Kamal P. S. Case No. 284 of 2014, subject to the following conditions: (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of Patna High Court CR. MISC. No.6897 of 2026(2) dt.04-02-2026 4/4 concerned PS in the first week of each month till the framing of charge in this case. 7. The application stands allowed. shyambihari/- (Khatim Reza, J) U T