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Patna High Court

Sahavir Ray @ Dharmveer YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioners' clean antecedent, familial ties to the deceased, and lack of compelling evidence, regular bail may be granted.

Summary

The petitioners, Sahavir Ray and his son Pintu Ray, applied for regular bail in a case registered as Digha P.S. No. 714/2025, wherein they were accused of murder under Sections 103, 238 and 3(5) of the B.N.S. The prosecution alleged that they, along with others, killed the deceased, while the petitioners claimed innocence, pointing out that the husband of the deceased was not named an accused and that the FIR was lodged after an eight‑day delay. The petitioners highlighted their clean antecedents, familial relationship to the deceased, and willingness to cooperate with the trial. The Additional Public Prosecutor opposed the bail, but the court, after considering the circumstances, allowed the bail application. The petitioners were ordered to be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties of equal amount.

Issues considered

  • Whether the petitioners are entitled to regular bail despite being charged under Sections 103, 238 and 3(5) of the B.N.S.
  • Whether the delay in filing the FIR and the non‑inclusion of the deceased's husband as an accused affect the bail decision
  • Whether the petitioners' clean antecedent and cooperation with the investigation justify granting bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Sections 103, 238, 3(5)
  • false implication
  • clean antecedent
  • FIR delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17458 of 2026
                         Arising Out of PS. Case No.-714 Year-2025 Thana- DIGHA District- Patna
                 ======================================================
           1.     Sahavir Ray @ Dharmveer Yadav Son of Rajnandan Ray Residents Of Vill
                  -Nakta, Golaria Tola Ps- Digha, District-patna.
           2.    Pintu Ray @ Pintu Kumar Son of Shaveer Ray @ Dharmveer yadav
                 Residents Of Vill -Nakta, Golaria Tola Ps- Digha, District-patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajat Kumar Tiwary
                 For the Opposite Party/s :       Mr.Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                        Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in connection with Digha

                   P.S. Case No. 714/2025 registered for the offences punishable

                   under Sections 103, 238, 3(5) of B.N.S.

                                3. As per the prosecution case, petitioner along with

                   others are said to have killed the deceased.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in the

                   present case. Learned counsel further submits that husband of

                   the deceased has not been made accused in this case and the FIR

                   has been filed after a delay of 8 days. Petitioner no. 1 is brother
              Patna High Court CR. MISC. No.17458 of 2026(2) dt.16-03-2026
                                                          2/2




                        -in-law of the deceased and petitioner no. 2 is son of petitioner

                        no. 1. Petitioners have clean antecedent and they are in custody

                        since 30.10.2025. The petitioners undertakes to co-operate in

                        the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioners.

                                     6. Considering the relation of the petitioners with the

                        deceased and the general and omnibus allegations against the

                        petitioners, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioners, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) each with two sureties of the like amount each to the

                        satisfaction of the learned A.C.J.M.-IX, Patna Sadar, Patna

                        /concerned Court below in connection with Digha P.S. Case No.

                        714 of 2025.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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