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Patna High Court

Arjun Sah @ Arjun RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

Arjun Sah applied for anticipatory bail in a murder case (IPC sections 302 and 34) where he is alleged to have participated in the killing of the informant's brother. The petitioner claimed he was falsely implicated, had no motive, was not present at the scene, and had no prior criminal record. The State opposed the bail, noting the petitioner is named in the FIR. The Court examined the seriousness of the offence and the circumstances of the case. Concluding that the case was not suitable for anticipatory bail, the Court rejected the petition.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the murder case

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • IPC 302
  • IPC 34
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13768 of 2026
                  Arising Out of PS. Case No.-204 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Arjun Sah @ Arjun Ram Son of Subhash Sah @ Suresh Sah Resident of
                 Village - Kritpura, P.S.- Baikunthpur, District - Gopalganj.
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr.Uday Chand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Baikunthpur P.S. Case No. 204 of 2023, instituted for the

                   offences under Sections 302/34 of the Indian Penal Code.

                               3. Prosecution case in brief is that petitioner along

                   with other co-accused committed murder of brother of the

                   informant by hanging with iron pipe in the house.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel for the petitioner submitted that petitioner is

                   the co-villager of the informant and there is no motive to kill the

                   deceased. It is further submitted that at the time of occurrence,

                   petitioner was not present at the place of occurrence. The dead
           Patna High Court CR. MISC. No.13768 of 2026(2) dt.25-02-2026
                                                       2/2




                     body of the brother of informant was recovered from the house

                     of co-accused Satyadev Ram. There is no eye-witness of the

                     occurrence. It has been submitted on behalf of the petitioner that

                     the petitioner has no criminal antecedent.

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

                     opposed the prayer for grant of bail to the petitioner. The

                     petitioner is named in the F.I.R.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, nature and gravity of the offence, in my view, this is

                     not a fit case for anticipatory bail.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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