Patna High Court
Arjun Sah @ Arjuna SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail is denied to the petitioner.
Summary
The petitioner, Arjun Sah, was arrested in connection with a case of assault that allegedly caused the death of a victim, charged under several sections of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming innocence, a clean antecedent, and that the post‑mortem report showed only minor injuries. The State opposed bail, arguing that the allegations are serious and that prima facie material links the petitioner to the offence. The Court examined the seriousness of the alleged assault and the existence of prima facie evidence and concluded that bail could not be granted at this stage. Consequently, the bail application was rejected, with a direction that the petitioner may seek bail again if the trial is unduly delayed.
Issues considered
- Whether regular bail should be granted to the accused in a case involving alleged murder/assault with prima facie evidence.
- Whether the post‑mortem findings indicating minor injuries affect the gravity of the offence for bail considerations.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 126(2), 3(5), 352, 61(2)
Subjects
- regular bail
- criminal procedure
- murder
- assault
- prima facie
- post-mortem
- high court
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20730 of 2026
Arising Out of PS. Case No.-393 Year-2025 Thana- BAKHARI District- Begusarai
======================================================
Arjun Sah @ Arjuna Sah S/o- Rambilash Sah Village- Makkhachak PS-
Bakhri Dist-Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
Mr. Raj Kumar Sinha
For the Opposite Party/s : Mr.Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bakhri P.S. Case No. 393 of 2025 registered for the offence
under Sections 126(2), 115(2), 109, 103, 61(2), 352 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the petitioner and others are
alleged to have assaulted the deceased brutally, causing the
death of the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 01.02.2026 and claims clean
antecedent. He further submits that the post-mortem report
doesn’t support the prosecution case as the deceased had
suffered only two injuries out of which one is bruise and one is
Patna High Court CR. MISC. No.20730 of 2026(2) dt.01-04-2026
2/2
lacerated injury.
5. Per contra, learned counsel for the State
vehemently opposes the bail application and submits that the
allegations against the petitioner are serious and grave in nature.
It is contended that there exists prima facie material against the
petitioner indicating his involvement in the commission of the
offence.
6. Considering the fact that the petitioner has
assaulted the victim resulting in his death, this Court is not
inclined to grant regular bail to the petitioner for the present.
7. Accordingly, this application for regular bail stands
rejected. If the trial is delayed by the prosecution, the petitioner
may renew his prayer for bail.
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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