Patna High Court

Jawahir SahaniversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL REJECTED
Bench: PURNENDU SINGH

Holding

Pre‑arrest bail was denied because the alleged offence of murder is a serious crime.

Summary

Jawahir Sahani applied for pre‑arrest bail in a case registered under Sections 103, 238 and 3(5) of the BNS, alleging involvement in a murder. The petitioner’s counsel argued for bail, while the State opposed. The Court examined the seriousness of the alleged offence, noting that it involved murder, and concluded that granting bail would be inappropriate. Consequently, the bail application was dismissed. The decision reflects the Court’s stance that pre‑arrest bail is not warranted in serious criminal matters such as murder.

Issues considered

Whether pre‑arrest bail should be granted in a case involving alleged murder under Sections 103, 238 and 3(5) of the BNS

Legislation cited

BNS — s. 103, 238, 3(5)

Subjects

pre‑arrest bail
murder
criminal procedure
BNS
Section 103
Section 238
Section 3(5)

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.2493 of 2026
                   Arising Out of PS. Case No.-151 Year-2024 Thana- SRINAGAR District- West Champaran
                  ======================================================
                  Jawahir Sahani S/O Saryug Sahani Resident of Village- Bhawanipur Badhai
                  Tola, ward No. 4, P.S.- Srinagar, Dist.- West Champaran.
                                                                                ... ... Petitioner/s
                                                       Versus
                  The State of Bihar
                                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Umesh Chandra Verma, Advocate
                                                   Mr. Sharad Kumar Verma, Advocate
                  For the Opposite Party/s :       Mr. Ajay Kumar Jha, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

4    01-04-2026                     Heard Mr. Umesh Chandra Verma, learned counsel

                    appearing on behalf of the petitioner and Mr. Ajay Kumar Jha,

                    learned A.P.P. for the State.

                                  2. The petitioner seeks pre-arrest bail in connection

                    with Shrinagar P.S. Case No. 151 of 2024, registered for the

                    offence punishable under Sections 103, 238 and 3(5) of the

                    BNS.

                                  3. Considering the allegation against the petitioner

                    that he has committed serious crime of murder, I am not inclined

                    to enlarge the petitioner on pre-arrest bail.

                                  4. Accordingly, the present bail application stands

                    dismissed.


                                                       (Purnendu Singh, J)
Niraj/-
U       T

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