Patna High Court
Ram Kishor Sahani @ Ramishor SahniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail must be denied in view of the grave nature of the offences and the specific provisions of the SC/ST Act invoked.
Summary
The appellant, Ram Kishor Sahani, was charged under the Bihar Narcotic Substances Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abducting and murdering a person with whom he had prior illegal liquor business dealings. The prosecution alleged that the accused used caste slurs and intimidation, and the victim was found with multiple grievous injuries. The appellant, in custody since 19‑11‑2025, sought regular bail, arguing lack of involvement. The High Court examined the seriousness of the offences, the specific provisions of the SC/ST Act invoked, and the principle that bail is a privilege not a right in such cases. Finding the allegations grave and the case a "last seen" scenario, the Court declined to grant bail. Consequently, the appeal was dismissed, the bail plea rejected, and the trial was ordered to be expedited with a provision for a renewed bail application if the trial exceeds one year.
Issues considered
- Whether regular bail can be granted to an accused under Sections 103, 238, 3(5) of the B.N.S. Act and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act given the seriousness of the allegations.
- Whether the appellant has discharged the burden of proving non‑involvement in a "last seen" murder case.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 238, 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- bail
- SC/ST Act
- scheduled castes
- caste based violence
- murder
- grave offence
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.830 of 2026
Arising Out of PS. Case No.-247 Year-2025 Thana- GAIGHAT District- Muzaffarpur
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Ram Kishor Sahani @ Ramishor Sahni S/o Late Mahavir Sahani R/o Village -
Bhusra Malahtoli, P.S - Gaighat, District - Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Asheshwar Ram S/o Late Janak Ram R/o Village - Locha, P.S - Gaighat,
District - Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sheo Kumar Prasad
For the Respondent/s : Mr. Sadanand Paswan
For the Res No. 2 : Mr. Hari Kishor Thakur, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 14-05-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The present memo of appeal has been preferred
against the Judgment and Order dated 06.01.2026 passed by the
learned Exclusive Special Court, SC/ST Act, Muzaffarpur in
connection with Gaighat P.S. Case No. 247 of 2025 registered
for the offences punishable under Sections 103, 238, 3(5) of the
B.N.S. and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act,
whereby the prayer for regular bail of the appellant has been
rejected.
Patna High Court CR. APP (SJ) No.830 of 2026(3) dt.14-05-2026
2/3
3. As per the prosecution case, the appellant is alleged
to have called the deceased from his house and taken him away
before the occurrence. Subsequently, the dead body of the
deceased was recovered in a brutally injured condition with
grievous injuries on different parts of the body. It has further
been alleged that when the informant approached the accused
persons, they abused him by taking the name of his caste and
also intimidated him. The prosecution further alleges that the
deceased had previous dealings with the accused persons in
relation to illegal liquor business.
5. It is a case of last seen and it is for the appellant to
show that he is not involved in the crime. He is in custody since
19.11.2025.
4. Considering the gravity and seriousness of the
allegations, the nature of accusation, the manner in which the
offence is alleged to have been committed and the specific
allegations attracting the provisions of the SC/ST Act, this Court
is not inclined to grant bail to the appellant.
5. Accordingly, the present appeal is dismissed and
the prayer for regular bail of the appellant stands rejected.
6. The trial is directed to be expedited. If the trial is
not concluded within one year and is delayed by the
Patna High Court CR. APP (SJ) No.830 of 2026(3) dt.14-05-2026
3/3
prosecution, the appellant may renew his prayer for bail.
(Sandeep Kumar, J)
Shishir/-
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