Patna High Court
Ashok Sahni @ Ashok Sahani @ Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail could not be granted as there were specific allegations against the petitioner supported by witnesses.
Summary
The petitioner, Ashok Sahni, sought anticipatory bail in a case (Maniyari PS Case No.266 of 2025) registered under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, alleging he was falsely implicated in the alleged dowry‑related murder of the informant’s sister. The prosecution alleged that the petitioner, along with others, killed the victim for non‑payment of dowry, and the medical report indicated death by asphyxia due to hanging. The petitioner’s counsel argued innocence, political victimisation, and highlighted his familial relationship to the deceased, while the State’s counsel emphasized specific allegations against him and his two prior criminal records. The court examined the case diary and found that the petitioner faced specific allegations supported by witness testimony. Consequently, the court declined to grant anticipatory bail, rejecting the petitioner’s prayer.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita given the specific allegations and prior criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 80
Subjects
- anticipatory bail
- dowry death
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3(5)
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1950 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- MANIYARI District- Muzaffarpur
======================================================
Ashok Sahni @ Ashok Sahani @ Ashok Kumar S/O Late Asharfi Sahani @
Asharfi Sahni R/O Village- Pakahi, P.S- Maniyari, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Maniyari P.S. Case No. 266 of 2025 registered under
Sections 80 and 3(5) of Bharatiya Nyaya Sanhita.
3. As per the prosecution case, all the FIR named
accused persons including this petitioner killed the sister of the
informant for non-fulfillment of dowry demand.
4. Submission of learned counsel for the petitioner is
that petitioner is innocent and has falsely been implicated in the
present case due to dirty village politics. He further submits that
petitioner is cousin father-in-law of the deceased and he has no
concern with the deceased and her family members. The doctor
has found the cause of death due to asphyxia as a result of ante
Patna High Court CR. MISC. No.1950 of 2026(3) dt.07-04-2026
2/2
mortem hanging.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail by contending that
petitioner is named accused having specific allegation of his
active involvement in the occurrence. Petitioner has got two
criminal antecedents.
6. Having heard the learned counsel for the parties
and perused the case diary. There is specific allegation against
the petitioner in the offence which is supported by the witnesses.
7. Having considered the facts and circumstances of
the case and nature of the accusation against the petitioner
supported by witnesses, this Court is not inclined to grant
anticipatory bail to the petitioner. Accordingly, prayer for bail of
the petitioner is rejected.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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