Patna High Court

Shyam Lal SahniversusThe State of Bihar

Decided: 24 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Shyam Lal Sahni applied for regular bail in a case registered under IPC sections 302, 201 and 34 for the alleged murder of a deceased person. The prosecution alleged that Sahni, along with Arvind Kumar, had called the deceased from his house and later the body was found near a trench. The petitioner’s counsel argued that the FIR was filed six days after the incident, the body was recovered after four days, and there was no direct evidence linking Sahni to the killing, emphasizing his clean criminal record and prolonged pre‑trial detention since October 2024. The State opposed bail, citing the seriousness of the charges. After considering the delay in FIR filing, lack of concrete evidence against the petitioner, and his lack of antecedents, the court decided to grant regular bail. The petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties of equal amount.

Issues considered

Whether regular bail can be granted to the petitioner in a case involving charges of murder, concealment of evidence and common intention.
Whether the delay in filing the FIR and the circumstances of the body recovery justify bail.

Legislation cited

Indian Penal Code — s. 201, 302, 34

Subjects

regular bail
murder
IPC sections 302, 201, 34
criminal antecedent
judicial custody
common intention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17830 of 2026
                   Arising Out of PS. Case No.-536 Year-2023 Thana- BOCHAHAN District- Muzaffarpur
                 ======================================================
                 Shyam Lal Sahni Son of Ramchandra Sahani R/O Vill.- Jagai Majhuoli, P.S.-
                 Bochahan, Dist.- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajeev Ranjan No.Ii, Advocate
                                                 Mr. Pranav Kumar, Advocate
                                                 Ms. Priyanka Kumari, Advocate
                                                 Ms. Kumari Rupa, Advocate
                 For the Opposite Party/s :      Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 302, 201

                   and 34 of the Indian Penal Code.

                                 3. The case of the prosecution is that the petitioner

                   and one Arvind Kumar called Pramod Kumar Sahani from his

                   house. He did not return home till 9PM. After that, the

                   informant went to the house of Arvind Sahani where she was

                   informed by his father that Pramod Kumar Sahani has gone with

                   Arvind Sahani and 4-5 other persons. Later, the informant came

                   to know that a dead body is lying near a trench. The informant
Patna High Court CR. MISC. No.17830 of 2026(2) dt.24-03-2026
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          identified the dead body it was of the decesaed.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that from perusal of the

          FIR, it is clear that the occurrence is of 19.11.2023 whereas the

          FIR was lodged on 25.11.2023. The dead body was recovered

          on 23.11.2023. Learned counsel has submitted that from perusal

          of the FIR, it is clear that the only allegation against this

          petitioner is that he and one Arvind Kumar have called the

          deceased from his house, at most, it can be a case of last scene

          theory but in this case, the dead body was recovered after four

          days and the gap is so long, so it cannot be concluded that the

          only the petitioner and Arvind Kumar have killed the deceased.

          A statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent. Moreover, he is

          languishing in judicial custody since 26.10.2024.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with
            Patna High Court CR. MISC. No.17830 of 2026(2) dt.24-03-2026
                                                        3/3




                      Bochahan P.S. Case No. 536 of 2023 on furnishing bail bond of

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

                      each to the satisfaction of learned District and Sessions Judge-

                      11, Muzaffarpur.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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