Patna High Court

Amarjit Sah @ Amarjeet SahversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

Amarjit Sah, the brother‑in‑law of the deceased, applied for bail in a case registered under Sections 304(b) and 302/34 of the Indian Penal Code for alleged dowry‑related torture and murder. The prosecution alleged that he participated in the crime, while the petitioner contended that he was falsely implicated, had no specific overt act attributed to him, and was unrelated to the family’s affairs. He had been in custody since 1 September 2025, had no prior criminal record, and another co‑accused had already been granted bail. The State opposed the bail. Considering the husband of the deceased was already in custody, the petitioner’s prolonged detention, and the lack of specific allegations, the Court granted bail on a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail in a dowry‑death and murder case under the Indian Penal Code
Whether the allegations against the petitioner constitute a specific charge justifying denial of bail
Whether the period of custody and the fact that the primary accused is already in custody warrant bail

Legislation cited

Indian Penal Code — s. 302, 304(b), 34

Subjects

bail
dowry death
murder
false implication
Indian Penal Code
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2627 of 2026
                      Arising Out of PS. Case No.-64 Year-2023 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Amarjit Sah @ Amarjeet Sah S/O Shiv Yogi Sah R/O Vill.- Bagras ward no.-
                 08,P.S- Bakhri, Dist- Begusarai
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr.Akshay Lal Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Bakhari

                   P.S. Case No. 64 of 2023, instituted for the offences under

                   Sections 304(B) and 302/34 of the Indian Penal Code.

                               3. Prosecution case, in short, is that the petitioner

                   alongwith the family members tortured and killed the deceased

                   for the non-fulfillment of demand of dowry.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is the brother-in-law (Dewar) of the deceased.

                   Learned counsel for the petitioner submits that general and

                   omnibus allegation has been made against the petitioner. No

                   specific overt act is alleged against the petitioner. Learned

                   counsel further submitted that petitioner is separate in mess and
           Patna High Court CR. MISC. No.2627 of 2026(2) dt.27-01-2026
                                                       2/2




                     business and has got no concern in the family affairs of the

                     deceased and her husband. Husband of the deceased is already

                     in custody. Learned counsel for the petitioner further submits

                     that other co-accused has been granted bail by a Co-ordinate

                     Bench of this Court vide order dated 31.08.2023 passed in Cr.

                     Misc. No. 56122 of 2023. It has been submitted on behalf of the

                     petitioner that the petitioner is in custody since 01.09.2025 and

                     has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, husband of the deceased being in custody, as also

                     the period of custody undergone by the petitioner, this Court is

                     inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bakhari P.S. Case

                     No. 64 of 2023.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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