Patna High Court

BALESHWAR SAHANI @ BALESHWAR PRASADversusTHE STATE OF BIHAR

Decided: 9 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Baleshwar Sahani, was named in an FIR for the murder of an informant's daughter, alleged to have been killed on 09.08.2025 and the body concealed. He contends he is innocent, being merely a neighbour of the deceased's in‑laws, and has a clean antecedent. The State opposed his anticipatory bail application, citing the seriousness of the offences under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita. The court considered the nature of the accusation, the petitioner’s lack of prior record, and the fact that the primary accused (the husband) is already in custody. Accordingly, the court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged murder charges.
Whether the petitioner’s clean antecedent and lack of direct involvement merit bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 103(1), 238, 3(5)

Subjects

anticipatory bail
murder
FIR
clean antecedent
Section 482
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12474 of 2026
                   Arising Out of PS. Case No.-398 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Baleshwar Sahani @ Baleshwar Prasad S/O Ramayan Sahani @ Ramayan
                 Prasad R/O Village- Maduwaha Tola Sihuliya, Police Station- Nautan
                 District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 103(1), 238, 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. It is alleged that all the F.I.R. named accused

                   persons killed the daughter of informant on 09.08.2025 and hid

                   the dead body to destroy the evidence. Dead body of the

                   deceased was recovered on the disclosure of co-accused Jhunna

                   Ansari, in a white coloured bag on 13.08.2025.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   has been made accused in this case only on suspicion merely

                   because he is neighbour of in-laws of the deceased. Petitioner
              Patna High Court CR. MISC. No.12474 of 2026(2) dt.09-04-2026
                                                          2/2




                        is separate in mess and property and has got no concern with

                        family affairs of the deceased. Thrust of accusation is against

                        husband of the deceased who is already in custody since

                        13.08.2025. Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation and clean antecedent, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioner in the event

                        of his arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged on bail on furnishing bail-

                        bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned Sub-Divisional

                        Judicial Magistrate, Bettiah, West Champaran in connection

                        with Nautan P. S. Case No. 398 of 2025, subject to condition as

                        laid down under Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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