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Patna High Court

Harinandan SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners.

Summary

The petitioners, members of the Sah family, sought anticipatory bail after being implicated in a murder case concerning the death of an informant’s daughter. The prosecution alleged that the petitioners, together with other accused, strangled the victim for non‑fulfilment of a demand, invoking Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita. The petitioners contended they were innocent, had no involvement in the family affairs, and that the primary accused – the victim’s husband – was already in custody, making the allegations against them vague and over‑broad. The State opposed the bail application. The Court, noting that the husband was already detained and that the accusations were general, exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to grant anticipatory bail, subject to a bond of Rs 10,000 and two sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the FIR under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • over‑implication
  • family dispute
  • Section 80
  • Section 3(5)
  • Section 482(2)
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5185 of 2026
                        Arising Out of PS. Case No.-672 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
           1.     Harinandan Sah S/o Raghubir Sah Resident Of Village- Rambhadra, Ps-
                  Hajipur Town, Dist- Vaishali
           2.    Parvati Devi @ Sumitra Devi W/o Harinandan Sah Resident Of Village-
                 Rambhadra, Ps- Hajipur Town, Dist- Vaishali
           3.    Rajendra Sah S/o Harinandan Sah Resident Of Village- Rambhadra, Ps-
                 Hajipur Town, Dist- Vaishali
           4.    Sangita Devi W/o Rajendra Sah Resident Of Village- Rambhadra, Ps-
                 Hajipur Town, Dist- Vaishali
           5.    Ravindra Sah @ Ravindra Kumar @ Rabindra Sah S/o Harinandan Sah
                 Resident Of Village- Rambhadra, Ps- Hajipur Town, Dist- Vaishali
           6.    Usha Kumari W/o Rabindra Sah @ Ravindra Sah @ Ravindra Kumar
                 Resident Of Village- Rambhadra, Ps- Hajipur Town, Dist- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :        Mr. Awadhesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   20-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 80, 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                3. Prosecution case, in brief, is that marriage of the

                   daughter of informant was solemnized with co-accused Pappu

                   Sah three years ago. Thereafter, it is alleged that these
Patna High Court CR. MISC. No.5185 of 2026(3) dt.20-02-2026
                                            2/3




          petitioners, along with other F.I.R. named accused persons,

          killed the daughter of informant by pressing her neck, due to

          non-fulfillment of demand.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence.

          Petitioners are in-laws of the deceased and they are simply

          victims of over-implications. Allegation against petitioners is

          general and omnibus. Petitioners are separate in mess and

          property and they are not concerned with family affairs of the

          deceased. Moreover, thrust of accusation is against husband of

          the deceased who is already in custody. Petitioners claim clean

          antecedent.

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

          the bail application.

                       6. Considering the fact that husband of the deceased is

          already in custody, this anticipatory bail is allowed and it is

          ordered that let the above named petitioners in the event of their

          arrest/surrender before the court below within a period of eight

          weeks from today, be enlarged 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 Chief Judicial Magistrate,

          Vaishali at Hajipur in connection with Hajipur Town P. S. Case
              Patna High Court CR. MISC. No.5185 of 2026(3) dt.20-02-2026
                                                          3/3




                        No. 672 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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