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Patna High Court

VIGAN SAH @ BIGAN SAHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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