Patna High Court
VIGAN SAH @ BIGAN SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application and ordered the petitioner released on bail.
Summary
The petitioner Vigan Sah, husband of a deceased woman, was in custody for alleged dowry‑related murder under sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He had previously applied for bail, which was rejected in July 2025. In the second application, counsel argued his innocence, noting that six of eight trial witnesses had already been examined and the informant did not support the prosecution. The State opposed bail. Considering the nature of the allegation, the period of custody, and the evidentiary record, the court allowed regular bail, directing release on a bond of Rs.10,000 with two sureties, and clarified that its observations were prima facie and not on the merits.
Issues considered
- Whether bail should be granted in a case of alleged dowry death under sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner is likely to flee, tamper with evidence or otherwise obstruct justice
- Whether the nature of the allegation and the period of custody justify denial of regular bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 80
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- criminal procedure
- regular bail
- sections 80, 238, 3(5)
- prima facie observation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20009 of 2026
Arising Out of PS. Case No.-104 Year-2024 Thana- PARSAUNI District- Sitamarhi
======================================================
Vigan Sah @ Bigan Sah S/O Shambhu Sah Resident Of Village- Kora Khargi,
Post- Bhulli, Police Station- Parsauni, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Persauni P.S. Case No. 104 of 2024
registered for the offence punishable under Sections 80, 238 and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Earlier the bail application of the petitioner was
rejected on 23.07.2025 in Cr. Misc. No. 16181 of 2025. The
petitioner, who is the husband of the deceased, is in custody
since 07.01.2025. The petitioner and others are said to have
killed the deceased for demand of dowry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that in the trial, out of eight witnesses, six
Patna High Court CR. MISC. No.20009 of 2026(2) dt.30-04-2026
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witnesses have already been examined. The informant has also
been examined and she has not supported the prosecution case.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances,
the nature of allegation and the period of custody, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand)with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Persauni P.S. Case
No. 104 of 2024.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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