Patna High Court
Anjani SahversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the seriousness of the allegations and the supporting medical evidence do not justify the grant of bail.
Summary
Anjani Sah was arrested in connection with a murder case (Rampurhari P.S. Case No. 203 of 2025) where he was alleged to have stabbed Vivek Kumar, the brother of an informant, leading to his death. The FIR listed several IPC sections (126(2), 115(2), 118(1), 118(2), 109) along with provisions of the Bihar Narcotic Substances Act and the Arms Act. The petitioner sought bail, claiming he was falsely implicated, while the State and the informant’s counsel opposed bail, citing the FIR, post‑mortem report, and witness testimony. The court examined the seriousness of the charges and the supporting medical evidence. Concluding that the allegations were grave and substantiated, the court refused the bail application.
Issues considered
- Whether bail should be granted to the accused in a murder case with supporting medical and forensic evidence
- Whether the allegations in the FIR constitute sufficient ground to deny bail
Legislation cited
- Arms Act — s. 25(1-b)a, 27
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
- Indian Penal Code — s. 109, 115(2), 118(1), 118(2), 126(2)
Subjects
- bail
- murder
- IPC
- Arms Act
- criminal procedure
- post‑mortem evidence
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12006 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Anjani Sah S/O Late Rama Nand Sah R/O Vill.- Sahila Balli, P.s.- Hathauri,
Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
For the Informant : Mr. Ranjeet Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 07-05-2026 Heard Mr.Alok Kumar Alok, learned counsel for the
petitioner, Mr. Ranjeet Ranjan, learned counsel for the
Informant and the Mr.Ram Sumiran Rai, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
29.10.2025 in connection with Rampurhari P.S. Case No. 203
of 2025, F.I.R. dated 27.10.2025 registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 118(2), 109,
3(5) BNS subsequently added 103(1) BNS and 25(1-b)a/27
Arms Act.
3. Allegation against the petitioner is that he stabbed a
knife blow upon the brother of the informant namely, Vivek
Kumar as a result of which he died during treatment.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.12006 of 2026(4) dt.07-05-2026
2/2
submits that the petitioner has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR.
5. Learned counsel for the informant and learned APP
for the State, on the other hand, have vehemently opposed the
prayer for bail of the petitioner and submits that from a bare
perusal of the FIR it appears that there is direct and specific
allegation against the petitioner that he has stabbed the knife
blow upon the brother of the informant, namely, Vivek Kumar
and he has died during his treatment and the Postmortem Report
also supports the allegation as alleged in the FIR.
6. Considering the nature of allegation against the
petitioner in the FIR supported by the Medical evidence as well
as the witnesses, I am not inclined to enlarge the petitioner on
bail in connection with Rampurhari P.S. Case No. 203 of 2025,
pending in the court of learned Judicial Magistrate-1st Class
(East), Muzaffarpur.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
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