Patna High Court
Sahnawaj @ Sahnawaj Alam @ ShahabajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Sahnawaj Alam, applied for regular bail in a case registered under Section 80, 103(1) and 61(2) of the BNS for allegedly killing his wife. The prosecution alleged murder and the petitioner had been in custody since 25 July 2025. The court noted the petitioner’s alleged suicide attempt and, despite the serious nature of the charge, decided to grant bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties of the same amount and a requirement to appear regularly in court. Non‑cooperation would lead to cancellation of the bail bond.
Issues considered
- Whether regular bail can be granted in a murder case under Sections 80, 103(1) and 61(2) of the BNS considering the petitioner’s alleged suicide attempt
Legislation cited
- BNS — s. 103(1), 61(2), 80
Subjects
- regular bail
- murder
- suicide attempt
- BNS
- Section 80
- Section 103(1)
- Section 61(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11882 of 2026
Arising Out of PS. Case No.-404 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Sahnawaj @ Sahnawaj Alam @ Shahabaj S/o Ali Hussain @ Manglu R/o
Tengarmari Salki, Ward No. 03, P.O.- Kishanganj, P.S.- Kishanganj, District-
Kishanganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rohit Mishra, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Kishanganj P.S. Case No. 404 of 2025 registered for the offence
under Section 80, 103(1), 61(2) of the BNS.
3. As per the prosecution case, the petitioner is alleged
to have killed his wife. After the investigation, the charge-sheet
was submitted against the petitioner. The petitioner is in custody
since 25.07.2025.
4. Considering the allegation and the fact that the
petitioner has abated for committing suicide, this bail
application is allowed.
Patna High Court CR. MISC. No.11882 of 2026(3) dt.31-03-2026
2/2
5. Let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned, C.J.M., Kishanganj/ concerned Court below in
connection with Kishanganj P.S. Case No. 404 of 2025.
6. As a condition of this order, the petitioner shall
appear in the trial regularly either personally or through his
lawyer and shall cooperate in the trial and non-cooperation in
the trial shall result in cancellation of the bail bonds of the
petitioner.
(Sandeep Kumar, J)
khushbu/-
U T
Checking your session…