Patna High Court
Govind SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
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
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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
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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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