Patna High Court
Suresh SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, three brothers from Madhubani, were charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting and killing a person. They claimed they were falsely implicated due to a land dispute and pointed out that the post‑mortem report showed no external injuries on the deceased. All three had been in custody since late March 2026 and sought regular bail. The State opposed the bail application. After considering the circumstances and the lack of specific incriminating material, the Court allowed the petitioners regular bail on a bond of Rs.10,000 each with two sureties, noting that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted to the accused in a murder‑related case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the facts of alleged false implication and the post‑mortem findings.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- criminal procedure
- murder
- assault
- Bharatiya Nyaya Sanhita
- false implication
- post-mortem
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41385 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- DEODHA District- Madhubani
======================================================
1. Suresh Sahani S/o Rajendra Sahani Resident of village- Usarahi, P.S-
Dewdha, District- Madhubani
2. Rameshwar Sahani @ Rame S/o Yugeshwar Sahani @ Yuge Sahani Resident
of village- Usarahi, P.S- Dewdha, District- Madhubani
3. Rabindra Sahani S/o Rameshwar Sahani @ Rame Resident of village-
Usarahi, P.S- Dewdha, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
Mr. Subhash Kumar Jha
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Deodha P.S. Case No. 47 of 2026 registered for the offence
under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioners are
accused of assaulting and killing the deceased.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have been falsely implicated
in the present case. Petitioner No. 2 is in custody since
29.03.2026 while Petitioner Nos. 1 and 3 are in custody since
31.03.2026. It is further submitted that there is a land dispute
Patna High Court CR. MISC. No.41385 of 2026(2) dt.25-06-2026
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between the parties and there are no specific allegations against
the petitioners. It is also submitted that as per the post-mortem
report there are no external injuries on the body of the deceased.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the materials available on record, this application for regular
bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Deodha P.S. Case No. 47 of 2026.
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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