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Patna High Court

Sahendra MistriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sahendra Mistri, was arrested on 14 November 2024 in connection with a case alleging he murdered his sister‑in‑law, under Sections 103 and 3(5) of the B.N.S. The prosecution’s case is based on an informant’s allegation that the petitioner tortured and killed his daughter‑in‑law, while the petitioner claims the allegations are fabricated and that he has a clean antecedent. The trial has not yet commenced and the case has only recently been committed to the Sessions Court, with no prospect of a speedy conclusion. The petitioner sought bail, arguing that the FIR is false, the informant is not an eye‑witness, and his continued detention is unjustified. The High Court, after considering the stage of the trial, the length of custody, and the prosecution’s opposition, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting bail to an accused charged under Sections 103 and 3(5) of the B.N.S.?
  • Does the pendency of the trial and the length of pre‑trial custody justify the grant of bail?
  • Are the allegations in the FIR sufficient to deny bail, considering the petitioner’s claim of false implication and lack of eyewitness testimony?

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • criminal procedure
  • Section 103 B.N.S.
  • Section 3(5) B.N.S.
  • false implication
  • pending trial
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66616 of 2025
                       Arising Out of PS. Case No.-304 Year-2024 Thana- IMAMGANJ District- Gaya
                 ======================================================
                 Sahendra Mistri S/O Karu Mistri R/O Vill.- Mohanpur Tola Bandha, P.S.-
                 Imamganj, Dist.- Gaya ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   19-03-2026                        Heard Mr. Arvind Kumar Singh, learned counsel for

                   the petitioner and         Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since 14.11.2024

                   in connection with Imamganj P.S. Case No. 304 of 2024, F.I.R. dated

                   13.11.2024 for the offences punishable under Sections 103 and 3 (5)

                   of B.N.S.

                               3. According to prosecution case, informant alleged that,

                   daughter of the informant got married to petitioner about 10 years

                   ago, after which she was tortured by petitioner and others. On

                   12.11.2024, informant got to know that her daughter was killed by

                   petitioner and others.

                               4. Learned counsel for the petitioner submits that petitioner

                   has clean antecedent and he has falsely been implicated in the present

                   case. The allegation as alleged in the F.I.R is false and fabricated and
Patna High Court CR. MISC. No.66616 of 2025(5) dt.19-03-2026
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          the petitioner has not committed any offence as alleged in the F.I.R.

          Informant is not the eye-witness of the occurrence. On the basis of

          suspicion, the petitioner has been made an accused in the present

          case. The marriage of the petitioner was performed with the deceased

          about 10 years back to the occurrence and the allegation against the

          petitioner is that of having illicit relation with his bhabhi (sister-in-

          law). Allegation against the petitioner is general and omnibus in

          nature. He further submits that the police after investigation

          submitted the charge sheet against the petitioner. The petitioner is in

          custody since 14.11.2024 and trial has not begun as yet.

                        5. Vide order dated 31.01.2026, a report was called with

          regard to the stage of the trial. Report dated 07.02.2026 of the learned

          trial court reveals that the case has been committed to the court of

          Sessions vide order dated 06.02.2026 and the trial is not likely to be

          concluded in near future.

                        6. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner

                        7. Considering the aforesaid facts and circumstances,

          report of the trial       court as well as period of custody, let the

          petitioner, above named, be released on bail on furnishing bail bond

          of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Judicial Magistrate First Class,

          Sherghatti, Gayaji in connection with Imamganj P.S. Case No. 304 of

          2024, subject to the following conditions:-
             Patna High Court CR. MISC. No.66616 of 2025(5) dt.19-03-2026
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                                    (i). Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court and

                       shall remain physically present as directed by the court and on his

                       absence on two consecutive dates without sufficient reason, his bail

                       bond shall be cancelled by the Court below.

                                    (ii). If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move for

                       cancellation of bail.

                                    (iii). And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at any

                       stage it is found that the petitioner has concealed his criminal

                       antecedent, the court below shall take step for cancellation of bail

                       bond of the petitioner. However, the acceptance of bail bonds in

                       terms of the above-mentioned order shall not be delayed for purpose

                       of or in the name of verification.



                                              (Rajesh Kumar Verma, J)
vashudha/-

U      T


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