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Patna High Court

Govind SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a bond and compliance with specified terms.

Summary

The petitioner, Govind Sahani, was arrested in connection with a murder alleged to have occurred on 25 September 2025 and charged under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023. He applied for bail, claiming a clean antecedent and that the allegations were false, noting that the FIR was lodged three days after the incident without explanation and that the only incriminating material was a confessional statement of a co‑accused. The prosecution opposed bail, asserting the seriousness of the offence. The court observed that, apart from the co‑accused’s statement, no other substantive evidence linked the petitioner to the crime and that he had no prior record. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the murder charge under the Bharatiya Nyay Sanhita.
  • Whether the evidence, primarily a co‑accused’s confessional statement, is sufficient to justify continued detention.

Legislation cited

Subjects

  • bail
  • murder
  • false implication
  • confessional statement
  • clean antecedent
  • Bharatiya Nyay Sanhita
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.3229 of 2026
                  Arising Out of PS. Case No.-510 Year-2025 Thana- SUGAULI District- East Champaran
                ======================================================
                Govind Sahani Lal Sahani Resident of Village - Nayaka Tola Madhumalti,
                P.S.- Sugauli, District - East Champaran.               ... ... Petitioner/s
                                                    Versus
                The State of Bihar                               ... ... Opposite Party/s
                ======================================================
                Appearance :
                For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                For the Opposite Party/s :       Mr. Bharat Lal, APP
                For the Informant        :       Mr. Kundan Rathore@ Kundan Kumar, Advocate
                ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                      ORAL ORDER

3 09-04-2026                   Heard Mr. Ajay Kumar Singh, learned counsel for the

               petitioner, Mr. Bharat Lal, learned Additional Public Prosecutor for

               the State as well as Mr. Kundan Rathore@ Kundan Kumar, learned

               counsel for the Informant.

                          2. Petitioner seeks bail who is in custody since 30.092025

               in connection with Sugauli P.S. Case No. 510 of 2025, F.I.R. dated

               28.09.2025 for the offences punishable under Sections 103(1) and

               3(5) of the Bharatiya Nyay Sanhita, 2023.

                          3. According to prosecution case, on 25.09.2025 at about

               7.00 P.M, petitioner along with other co-accused persons took away

               informant’s son and committed his murder in the field of

               sugarcane.

                          4. Learned counsel for the petitioner submits that

               petitioner has clean antecedent and he has falsely been implicated

               in the present case. The allegation levelled against the petitioner is
Patna High Court CR. MISC. No.3229 of 2026(3) dt.09-04-2026
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      false and fabricated and there is no eye witness of the alleged

      occurrence. It appears from the FIR that date of the occurrence was

      on 25.09.2025 but the FIR was lodge on 28.09.2025 i.e. after delay

      of about three days without giving any reason of delay. He next

      submits that during course of investigation, confessional statement

      of one co-accused, Devanand Kumar was taken in which he

      disclosed the name of the petitioner and except the disclosure made

      by apprehended co-accused person, no other cogent material has

      come during investigation which suggest the involvement of the

      petitioner in the present occurrence. He further submits that the

      police after investigation submitted the charge sheet against the

      petitioner and the petitioner is in custody since 30.09.2025.

                  5. The learned Additional Public Prosecutor and learned

      counsel for the Informant have vehemently opposed the prayer for

      bail of the petitioner.

                   6. Considering the aforesaid facts and circumstances,

      petitioner has clean antecedent and except the disclosure made by

      apprehended co-accused person, no other cogent material has come

      during investigation which suggest the involvement of the

      petitioner in the present occurrence, 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
            Patna High Court CR. MISC. No.3229 of 2026(3) dt.09-04-2026
                                                        3/3




                  satisfaction of the learned Chief Judicial Magistrate, East

                  Champaran, Motihari in connection with Sugauli P.S. Case No. 510

                  of 2025, subject to the following conditions:-

                               i. Petitioner shall co-operate in the trial and shall be

                  properly represented on each and every date fixed by the court and

                  shall remain physically present as directed by the court and on his

                  absence on two consecutive dates without sufficient reason, his

                  bail bond shall be cancelled by the Court below.

                               ii. If the petitioner tampers with the evidence or the

                  witnesses, in that case, the prosecution will be at liberty to move

                  for cancellation of bail.

                               iii. And further condition that the court below shall verify

                  the criminal antecedent of the petitioner and in case at any stage it

                  is found that the petitioner has concealed his criminal antecedent,

                  the court below shall take step for cancellation of bail bond of the

                  petitioner. However, the acceptance of bail bonds in terms of the

                  above-mentioned order shall not be delayed for purpose of or in the

                  name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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