Dasarath Sah Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Preety Kunwar, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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4 09-02-2026

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Heard learned counsel for the petitioner, learned

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A.P.P. for the State and learned counsel for the informant.

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The petitioner seeks regular bail in connection with S.Tr. No.595 of 2025 arising out of Muzaffarpur Sadar P.S. Case No.833 of 2024 lodged under Sections 103(1), 109 & 3(5) of the B.N.S., 2023 read with section 27 of the Arms Act, 1959.

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Learned counsel for the petitioner submits that the bail application of the petitioner had earlier been rejected vide order dated 03.06.2025 passed in Cr. Misc. No.34320 of 2025 in which liberty was granted to him to renew his prayer for bail after framing of charge.

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Learned counsel for the petitioner further submits that the charge has already been framed in this case on

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Patna High Court CR. MISC. No.74897 of 2025(4) dt.09-02-2026 2/3

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25.07.2025 and examination of prosecution witness is going on. He further submits that out of 9 witnesses, 4 witnesses have been examined. He further submits that the petitioner was an order giver and another order giver has been granted bail by the Co-ordinate Bench of this Court vide order dated 15.01.2026 passed in Cr. Misc. No.880 of 2026.

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Counsel for the petitioner submits that petitioner’s antecedent is clean and he is ready to fulfill all the condition whatsoever shall be imposed upon him.

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Learned counsel for the informant vehemently opposes the prayer for bail and submits that examination of total 6 witnesses is going on and after every 15 days, the case has been posted for prosecution witnesses and there is every likelihood that trial shall be concluded within 3 months.

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Counsel further submits that one of the co-accused has been granted bail only on the ground that she is a female. He further submits that it is a case of brutal murder of 2 persons.

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Learned counsel for the State opposes the prayer for bail and submits that charge has already been framed in this case and examination of the prosecution witnesses is going on.

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In the present facts and circumstances of this case and the submissions made above, let the petitioner above

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Patna High Court CR. MISC. No.74897 of 2025(4) dt.09-02-2026 3/3

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named, be granted bail on furnishing bail bonds of Rs. 30,000/(Rupees Thirty Thousand Only) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Addl. Sessions Judge, Muzaffarpur or Successor Court in connection with S.Tr. No.595 of 2025 arising out of Muzaffarpur Sadar P.S. Case No.833 of 2024, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the following conditions:-

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(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance.

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(Dr. Anshuman, J)

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Prakashmani/-

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U T

Dasarath Sah v. The State of Bihar

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Dasarath Sah v. The State of Bihar

Case brief

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