Patna High Court
Saheb SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for pre‑arrest bail was denied.
Summary
The petitioner, Saheb Sah, sought pre‑arrest bail after an FIR was lodged on 29‑04‑2025 alleging that his son Sandeep Kumar was murdered and his body left in a field. The FIR implicated the petitioner based on a confessional statement recorded from co‑accused Guddu Sah, who alleged that he and his family, including the petitioner, committed the murder. The offences alleged were punishable under sections 103, 238(a) and 61(2)(a) of the Bihar Negotiable Substances Act. The Court examined the seriousness of the allegations, the existence of a confession implicating the petitioner, and the gravity of the offences. Considering the nature of the accusation and the material on record, the Court rejected the petitioner's prayer for pre‑arrest bail. The bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case involving murder charges under sections 103, 238(a) and 61(2)(a) of the BNS.
Legislation cited
- Bihar Negotiable Substances Act — s. 103, 238(a), 61(2)(a)
Subjects
- pre‑arrest bail
- murder
- confession
- sections 103
- section 238(a)
- section 61(2)(a)
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55607 of 2025
Arising Out of PS. Case No.-132 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Saheb Sah S/O Ganesh Sah Resident Of Village- Bhatiniya, P.S- Ghorasahan,
Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi , Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 12-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 103 , 238 (a) and 61 ( 2 )
(a) of BNS.
3 . As per F.I.R. pm 29.04.2025 , informant got an
information that dead body of one boy was lying in field. Upon
reaching, informant saw that dead body of his son was lying and
had bruises. It is further alleged that informant came to know
that all the accused persons killed his son , namely , Sandeep
Kumar.
4. From perusal of record, it appears that during
course of investigation , confessional statement of co-accused
Patna High Court CR. MISC. No.55607 of 2025(5) dt.12-02-2026
2/2
Guddu sah was recorded in which he confessed his involvement
and also stated involvement of this petitioner in this case . He
furster stated that he along with his family members committed
murder of deceased Sandeep Kumar and threw his dead body in
field.
5 . Considering the nature of accusation , materials
available on record and gravity of offence , prayer for pre-
arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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