Visun Kumar Sah @ Visun Kumar @ Vishnu Kumar Sah @ Vishnu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Visun Kumar Sah @ Visun Kumar @ Vishnu Kumar Sah @ Vishnu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail in connection with Sadar P.S. Case No. 33 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M. Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

Issue for consideration

Whether the petitioner, not named in the F.I.R. and against whom prima facie nothing incriminating surfaced during investigation save suspicion arising from secret information given by a police spy, is entitled to be released on bail in connection with Sadar P.S. Case No. 33 of 2025 for offences under Sections 310(3) and 317(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

Court's answer

Save and except suspicion arising out of secret information advanced by a police spy, prima facie nothing incriminating surfaced during the investigation to connect the petitioner with the present crime; coupled with his custody since 06.03.2025, the petitioner is directed to be released on bail in connection with Sadar P.S. Case No. 33 of 2025.

Ratio / Principle

Bail is granted on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M. Muzaffarpur/concerned court, subject to the conditions mentioned under Section 480(3) of the B.N.S.S.

Detailed headnote1 paragraphs

Bail — Patna High Court, Crl. Misc. No. 42170 of 2025, decided 05-12-2025 (Chandra Shekhar Jha, J.). Petitioner Visun Kumar Sah, not named in the F.I.R. and in custody since 06.03.2025, sought bail in Sadar P.S. Case No. 33 of 2025 (Muzaffarpur) for offences under Sections 310(3) and 317(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, relating to looting of cash and office articles during which the informant's brother was shot dead. Counsel urged that implication rested only on suspicion from secret information of a police spy, absence from CCTV footage, non-conduct of TIP, parity with co-accused Sandeep Kumar Jha (bailed in Cr. Misc. No. 66307 of 2025 on 04.11.2025), and completion of investigation. Holding that prima facie nothing incriminating surfaced during investigation to connect the petitioner with the crime save such suspicion, the Court directed his release on bail on a bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the C.J.M., Muzaffarpur/concerned court, subject to conditions under Section 480(3) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42170 of 2025

Arising Out of PS. Case No.-33 Year-2025 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur

======================================================

Visun Kumar Sah @ Visun Kumar @ Vishnu Kumar Sah @ Vishnu Kumar S/O Birendra Sah Resident of Village- Majhauli, Maricha Ram, P.S.- Sara, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan No. II, Adv For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 05-12-2025

Heard the parties.

The petitioner seeks bail in connection with Sadar P.S. Case No. 33 of 2025 registered for the offences under

Sections 310(3) and 317(5) of the Bharatiya Nyaya Sanhita and

Section 27 of the Arms Act.

The petitioner is not named in the F.I.R. and is in custody since 06.03.2025.

As per FIR, some unknown miscreants looted cash and office articles etc., from the office of brother of informant who was shot dead by miscreants during the occurrence, itself.

Learned counsel appearing on behalf of the petitioner submitted that name of petitioner transpired on the basis of suspicion and secret information given by police spy. It is also

Patna High Court CR. MISC. No.42170 of 2025(3) dt.05-12-2025 2/3

submitted that petitioner is not visible in CCTV installed in the shop of brother of informant. It is also submitted that TIP was also not conducted as to establish his connection/involvement with the present crime in question. It is submitted that similarly situated coaccused namely Sandeep Kumar Jha has already granted bail by learned Co-ordinate Bench of this Court through Cr. Misc. No. 66307 of 2025 dated 04.11.2025. While concluding the argument it is submitted that, petitioner found involved in one more case, where he is on bail and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of secret information as advanced by police spy prima-facie nothing incriminating surfaced during the investigation as to connect petitioner with the present crime in question, coupled with the fact as petitioner remains in custody since 06.03.2025, accordingly above named petitioner, is directed to be released on bail in connection with Sadar P.S. Case No. 33 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.42170 of 2025(3) dt.05-12-2025 3/3

the like amount each to the satisfaction of learned C.J.M. Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

(Chandra Shekhar Jha, J.)

S.Tripathi/-

U T