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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10332 of 2026 Arising Out of PS. Case No.-375 Year-2025 Thana- MUFFASIL District- West Champaran ======================================================
1. Ajit Sah Son of Late Belash Sah Resident of Village - Mahangani, P.S. - Ramkela, Dist. - Kushinagar. 2. Gaisul Azam Son of Nembu Alam R/o Village - Bihuli Nispi, P.S. - Ramkola, Dist. - Kushinagar. State- UP. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sharad Kumar Verma, Advocate For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 20-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 318 and 303 (2) of the BNS. 3. The case of the prosecution in short is that on 02.06.2025, while the informant was standing with his e- rickshaw, one lady and one male person arrived as passengers and he proceeded with them through Sariswa Road. During the journey, the male passenger asked him whether he consumed tobacco and thereafter, clapped three times, as a result of which the informant became unconscious. When he regained
Patna High Court CR. MISC. No.10332 of 2026(2) dt.20-02-2026 2/3 consciousness, he found himself at G.M.C.H. The informant believes that the two unknown passengers had taken away his e- rickshaw and his Nokia keypad mobile phone after making him unconscious. 4. Learned counsel for the petitioners submits that from a perusal of the F.I.R. it is clear that the alleged occurrence took place on 02.06.2025 whereas the F.I.R. was lodged on
05.07.2025. It is further submitted that the names of the petitioners surfaced only on the basis of information given by a police informer and, save and except the alleged confessional statement, there is nothing against them. No recovery has been made and no Test Identification Parade (T.I.P.) was conducted. It is also submitted that the petitioners have been implicated in the present case only on account of their criminal antecedents. Petitioner No. 1 has antecedents in two cases, whereas Petitioner No. 2 has antecedents in four cases. 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail. 6.
Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioners are directed to be released on bail in connection with Bettiah Muffasil P.S. Case No. 375 of
Patna High Court CR. MISC. No.10332 of 2026(2) dt.20-02-2026 3/3 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) eachwith two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah. Jagdish/- (Ashok Kumar Pandey, J) U T