Patna High Court
Jokhan Sah @ Rahul Sah @ RahulversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail is denied to the petitioner.
Summary
Jokhan Sah, the husband of a deceased woman, was charged with murder under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Minor witnesses alleged that he killed his wife, and he has been in custody since December 17, 2024. The petitioner applied for regular bail. The court examined the seriousness of the offence, the presence of minor witnesses, and the risk of tampering with evidence. Finding the allegations credible and the offence grave, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected.
Issues considered
- Whether regular bail can be granted to the accused under Sections 103/3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the seriousness of the charge and the testimony of minor witnesses
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5)
Subjects
- bail
- murder
- Bharatiya Nyaya Sanhita
- criminal procedure
- minor witnesses
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55833 of 2025
Arising Out of PS. Case No.-689 Year-2024 Thana- BUXAR District- Buxar
======================================================
Jokhan Sah @ Rahul Sah @ Rahul S/O Late Kapildev Sah R/O Village-
Pithari, P.S- Rajpur, Dist.- Buxar. At present Resident of Sainik Colony
Sumeshwar Sthan, P.S- Buxar Town, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Pathak
For the Opposite Party/s : Mr. Nitya Nand Tiwary
For the Informant : Mr. Arvind Kumar Pradhan
Mr. Mungeshwar Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 19-03-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioner seeks regular bail in connection with
Buxar Town P.S. Case No. 689 of 2024 registered for the
offence under Sections 103/3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner, who is
the husband of the deceased, is said to have killed the deceased.
The minor witnesses have supported the allegation. The
petitioner is in custody since 17.12.2024.
4. Considering the allegations levelled against the
Patna High Court CR. MISC. No.55833 of 2025(7) dt.19-03-2026
2/2
petitioner, this Court is not inclined to grant regular bail to the
petitioner.
5. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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