Patna High Court
Gauri SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs 10,000 bond and two sureties.
Summary
The petitioner, Gauri Sah, was arrested in connection with a case registered under Sections 363 and 365 of the Indian Penal Code, which the police later escalated to Sections 364, 302 and 120B, alleging kidnapping and murder of a minor’s son. The minor was reported missing after attending a feast, and his body was later discovered in a sugarcane field, prompting a police investigation that eventually named the petitioner among several suspects. The petitioner’s counsel argued that he is innocent, has no criminal antecedent, and that the only basis for his implication is a later restatement of the informant’s suspicion recorded in the case diary. The prosecution opposed bail, citing the seriousness of the offences. After hearing both sides, the Court found that the evidence against the petitioner was merely suspicion and that he had been in judicial custody since 9 January 2026. Consequently, the Court ordered that bail be granted on a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences (kidnapping, murder, and criminal conspiracy) alleged under the IPC.
Legislation cited
- Indian Penal Code — s. 120B, 302, 363, 364, 365
Subjects
- bail
- kidnapping
- murder
- Indian Penal Code
- presumption of innocence
- judicial custody
- sureties
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20586 of 2026
Arising Out of PS. Case No.-88 Year-2022 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Gauri Sah S/o- Late Dhodha Sah Resident of Vill- Rampur Khajuria, P.S.-
Dumariyaghat, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner has prayed for bail in connection
with Dumariyaghat P.S. Case No. 88 of 2022 registered for the
offence punishable under Sections 363, 365 of the Indian Penal
Code however, the police has found the occurrence to be true
Under Sections 364, 302, 120B of the Indian Penal Code.
3. The case of the prosecution, in short, is that the
minor son of the informant has gone to attend the feast at the
house of one Kumod Mishra. When he did not return after a
considerable time, he was being searched. The informant
suspects that his son has been kidnapped by the unknown
miscreants.
Patna High Court CR. MISC. No.20586 of 2026(2) dt.31-03-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the dead body of the deceased was
found in a sugarcane field and that the name of this petitioner
has surfaced in this case in the later part of the investigation
where police has recorded restatement of the informant. He also
submits that from perusal of the order of the learned trial court,
it will transpire that the name of the petitioner has surfaced in
this case from para-78 of the case diary, where police recorded
the restatement of the informant, where he has raised suspicion
on many persons, including the petitioner. He further submits
that from perusal of the FIR, it is clear that the informant is not
the eyewitness and save and except suspicion, there is nothing
against the petitioner. The informant has raised suspicion against
ten persons, whereas the cause of death was reserved and the
viscera was preserved. This goes to show that the doctor
conducting the autopsy also had suspicion that it may be the
case of poisoning. Moreover, a statement has been made in para
3 of the petition that petitioner has no criminal antecedent and
he is languishing in judicial custody since 09.01.2026.
5. The application for bail is opposed by learned APP
Patna High Court CR. MISC. No.20586 of 2026(2) dt.31-03-2026
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for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Motihari, East Champaran in connection
with Dumariyaghat P.S. Case No. 88 of 2022.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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