Patna High Court
Dharmendra SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the circumstances, including the post‑mortem findings indicating homicide, did not warrant the grant of regular bail.
Summary
The petitioner, Dharmendra Sahani, applied for regular bail under Sections 80 and 3(5) of the BNS in connection with a murder case (PS Case No. 300 of 2024). The FIR alleged that he had tortured and throttled the informant's daughter, leading to her death, with post‑mortem findings showing vomitus mixed with blood. The petitioner claimed innocence, citing the absence of injuries in the post‑mortem and a negative forensic report, while the State opposed bail. The Court examined the evidence, particularly the post‑mortem report, and concluded that the circumstances did not justify granting bail. Consequently, the bail application was rejected, but the trial court was directed to expedite the trial within nine months, after which the petitioner may renew his bail plea.
Issues considered
- Whether the petitioner is eligible for regular bail under Sections 80 and 3(5) of the BNS in a murder case.
- Whether the post‑mortem and forensic evidence warrant denial of bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 3(5), 80
Subjects
- bail
- regular bail
- murder
- post‑mortem evidence
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58768 of 2025
Arising Out of PS. Case No.-300 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
Dharmendra Sahani S/o- Late Ramesh Sahani Village- Chailaha Tal Ps-
Banjariya Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwari
For the State : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 02-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sections 80 and
3(5) of the BNS, registered in connection with Banjariya
P.S.Case No. 300 of 2024.
3. According to allegation, the marriage of the
daughter of the informant was solemnized with the petitioner
five years prior to lodging of the FIR. It is alleged that the
petitioner tortured the deceased for demand of a motor-cycle
and assaulted her. The informant received an information that
the petitioner committed murder of the deceased.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been dragged into
Patna High Court CR. MISC. No.58768 of 2025(6) dt.02-02-2026
2/2
this case. No injury was found in the post mortem report. The
FSL report shows that no poisonous substance was detected in
chemical examination of the viscera. It is also submitted that the
charges have been framed.
5. As per the allegation, the petitioner throttled the
deceased to death. The post mortem report shows vomitus
mixed with blood coming from the mouth which corroborates
the allegation.
6. On the other hand, the learned APP has opposed the
prayer for bail.
7. In my view, it is not a fit case to grant the privilege
of bail to the petitioner. It is accordingly rejected.
8. However, considering the incarceration of the
petitioner since 18.10.2024, the trial court is directed to expedite
the trial of the case, and if the trial is not concluded within a
period of nine months, the petitioner may renew his prayer for
bail.
(Nawneet Kumar Pandey, J)
HR/-
U T
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