Patna High Court
Bhikhari SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied because the offence is grave and the petitioner has multiple prior convictions.
Summary
The petitioner, Bhikhari Singh, was charged with murder and related offences under Sections 103(1), 238 and 3(5) of the B.N.S. for allegedly killing his wife on 11 June 2025 and disposing of her body in the Ganga. He applied for bail, claiming innocence and alleging false implication because of his marital relationship to the deceased. The State opposed bail, highlighting the discovery of the body in the river and the petitioner's seven prior criminal convictions. The Court examined the gravity of the alleged offences, the strength of the prosecution's case, and the petitioner's criminal antecedents. Concluding that the seriousness of the crime and the petitioner’s history warranted continued custody, the Court denied bail and directed the trial court to expedite the trial within one year.
Issues considered
- Whether bail should be granted to the petitioner charged with murder and related offences under the B.N.S.
- Whether the petitioner's criminal antecedents and the seriousness of the alleged crime preclude bail
Legislation cited
- B.N.S. — s. 103(1), 238, 3(5)
Subjects
- bail
- murder
- criminal antecedents
- B.N.S.
- Section 103(1)
- Section 238
- Section 3(5)
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4919 of 2026
Arising Out of PS. Case No.-40 Year-2025 Thana- BAKHARPUR District- Bhagalpur
======================================================
Bhikhari Singh Son of Late Bharat Singh Resident of Village and P.S.-
Bakharpur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar No. 6, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard Mr. Ashok Kumar No. 6, learned counsel for
the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the
State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103(1), 238 and 3(5) of the
B.N.S..
3. The prosecution case, in brief, is that during
patrolling, on 13.06.2025 at about 10 AM, informant received
information that a dead body of a lady is floating in river
Ganga, who happens to be wife of this petitioner. During
verification, it surfaced that this petitioner, has killed his wife in
Patna High Court CR. MISC. No.4919 of 2026(2) dt.16-02-2026
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the evening of 11.06.2025 and with the help of other accused
persons, threw the dead body in river, with intention to destroy
the evidence.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Petitioner has falsely been implicated in this case merely
because he happens to be husband of the deceased. Moreover,
charge-sheet has already been submitted and petitioner is in
custody since 14.06.2025.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner
and submitted that dead body of wife of this petitioner was
found floating in river Ganga. Petitioner has got seven criminal
antecedents.
6. Considering the facts and circumstances of the
case, gravity of offence and criminal antecedent of the
petitioner, the prayer for grant of bail to the petitioner is
rejected.
7. However, considering the fact that petitioner is in
custody since 14.06.2025, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
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of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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