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Patna High Court

Jai Narayan SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

The bail application was denied, and the petitioner was not granted bail.

Summary

The petitioner, Jai Narayan Sah, was charged with multiple offences under the Bihar Negotiable Substances Act for allegedly assaulting his father with a rod on 3 May 2025. An FIR was lodged the next day, and eight days later his wife filed a separate case accusing her father‑in‑law of attempted rape. The petitioner applied for bail, arguing that he should be released pending trial. The court considered the seriousness of the alleged assault, the subsequent rape allegation, and the overall reprehensible conduct of the petitioner and his wife. Concluding that the circumstances did not merit bail, the court rejected the bail application, emphasizing that its observations were prima facie and limited to the bail matter. The bail petition was therefore dismissed.

Issues considered

  • What is the appropriate decision on the bail application for the petitioner charged with multiple serious offences under the B.N.S.?

Legislation cited

Subjects

  • bail
  • assault
  • domestic violence
  • rape allegation
  • criminal procedure
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10779 of 2026
                  Arising Out of PS. Case No.-74 Year-2025 Thana- GHOGHARDIHA District- Madhubani
                 ======================================================
                 Jai Narayan Sah son of Ajab Lal Sah Resident of village -Rajuyahi, ward no
                 13, P.s-Ghoghardiha Dist -Madhubani

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pramod Kumar Yadav, Adv.
                 For the Opposite Party/s :      Mr.Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   05-05-2026                    Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in connection with

                   Ghorghardiha P.S. Case No. 74 of 2025 registered for the

                   offences punishable under Section(s) 126(2), 115(2), 118(1),

                   329(4), 110, 303(2), 352, 351(2) and 3(5) of the B.N.S.

                               3. The petitioner is alleged to have assaulted his father

                   with rod on his head on 03.05.2025 F.I.R was lodged on

                   04.05.2025. After 08 days lodging of the instant case, the wife

                   of the petitioner filed a case against her father-in-law that he

                   attempted to rape her.

                                4. The conduct of the petitioner and the wife of the

                   petitioner is reprehensible. He has not only assaulted his father

                   physically but also tarnished his prestige in the society by getting
           Patna High Court CR. MISC. No.10779 of 2026(4) dt.05-05-2026
                                                       2/2




                     his wife file a case after 08 days of the occurrence alleging rape.

                     Thus, this court is not inclined to grant bail to the petitioner.

                                  5. Accordingly, prayer for bail of the petitioner is

                     hereby rejected.

                                  6. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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