Shamsher Khalifa Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Shamsher Khalifa Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to the petitioner in S.T. Case No. 180 of 2025 (arising out of Ballia P.S. Case No. 297 of 2024) on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each, subject to conditions (one bailor a family member/relative with bona fide document, appearance on every trial date, fortnightly police-station attendance, no witness inducement/tampering, no further offences).

Issue for consideration

Whether the petitioner, in judicial custody since 20.09.2024 in S.T. Case No. 180 of 2025 (arising out of Ballia P.S. Case No. 297 of 2024) for offences under Sections 126(2), 109(1), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, should be released on bail.

Court's answer

The Court extended the privilege of bail to the petitioner, considering that he remained in custody since 20.09.2024, that per the Trial Court report charge has been framed (with no witness examined), and his undertaking to diligently appear in trial.

Ratio / Principle

Petitioner to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned District and Additional Sessions Judge, Begusarai, in connection with S.T. Case No. 180 of 2025 arising out of Ballia P.S. Case No. 297 of 2024.

Key takeaways

Condition of bail: one of the bailors must be a family member/relative of the petitioner who shall provide an official document to show his/her bona fide.ratio¶¶22
Conditions of bail: petitioner to appear on each and every date before the Trial Court, failure on two consecutive dates without plausible reason entailing cancellation of his bail bond by the Trial Court itself; and to appear before the concerned police station every fortnight till the conclusion of the trial to mark his attendance.ratio¶¶24
Conditions of bail: petitioner shall not in any way induce, promise or threaten the witnesses or tamper with the evidence, and shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.) allowed the second bail application of Shamsher Khalifa in CRIMINAL MISCELLANEOUS No.24565 of 2025 and granted bail in S.T. Case No. 180 of 2025, arising out of Ballia P.S. Case No. 297 of 2024 (Thana Ballia, District Begusarai), for offences under Sections 126(2), 109(1), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, lodged on 09.09.2024 on the allegation that the petitioner pointed a weapon at the informant (a social worker) near the Railway Station and threatened him of dire consequences. The petitioner's earlier bail application had been rejected in Cr. Misc. No. 80293 of 2024 on 21.11.2024; he had remained in custody since 20.09.2024. Per the Trial Court report dated 24.05.2025, charge stood framed but no witness had been examined, and the trial was unlikely to conclude soon. Bail was granted on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned District and Additional Sessions Judge, Begusarai, subject to conditions: one bailor to be a family member/relative furnishing an official document of bona fide; appearance on each and every trial date with failure on two consecutive dates without plausible reason entailing cancellation by the Trial Court itself; fortnightly appearance at the concerned police station to mark attendance till conclusion of trial; no inducement, promise or threat to witnesses or tampering with evidence; and desistance from further criminal offences, failing which the State may seek cancellation of the bail bonds.