Patna High Court
Suresh Sahani @ Suresh FaujdarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to monetary bond and specific conditions.
Summary
The petitioner, Suresh Sahani, was arrested on 16 January 2025 in connection with a case alleging the murder of his granddaughter Priyanka Kumari and related offences under the Bihar Narcotic Substances Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution’s case is based on allegations that the accused abducted and killed the victim, but no body has been recovered and there are no eyewitnesses. The petitioner contended that he has a clean antecedent, the FIR is fabricated, and there is no material linking him to the crime. The Additional Public Prosecutor opposed bail, citing the seriousness of the charges. The court, after considering the lack of substantive evidence and the petitioner’s clean record, granted bail on a cash bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification.
Issues considered
- What is the appropriate decision on the petition for bail in a case involving alleged murder and offences under the BNS and SC/ST Acts where evidence is scant?
- Does the absence of a recovered body and eyewitnesses justify granting bail despite the seriousness of the charges?
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 238(a), 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r), 3(i)(s)
Subjects
- bail
- criminal procedure
- murder
- SC/ST Act
- evidence
- no body
- clean antecedent
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73149 of 2025
Arising Out of PS. Case No.-87 Year-2024 Thana- SAHODARA District- West Champaran
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Suresh Sahani @ Suresh Faujdar S/o Late Muneshwar Sahani R/o Village-
Parsadih, Rajpur, Ward No.04, PS- Sahodara, Dist- West Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Prerna Anand, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.01.2025 in connection with Sahodra P.S. Case No. 87 of
2024 for the offence punishable under Sections 103(1), 238(a),
3(5) of BNS and Sections 3(i)(r), 3(i)(s), 3(2)(va) of SC and ST
Act but the police submitted charge-sheet under Section 103(1),
238(a) and 3(5) of BNS.
3. The prosecution case, in brief, is that the son and
daughter in law of the informant has gone out side of village.
One Niraj Kumar of his villager enticed her granddaughter and
kept her to his house two years ago when they objected, then
Niraj Kumar threatened her to kill and due to fear matter was
end. We are illiterate persons and not known regarding law. It is
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further alleged that Niraj Kumar wanted to marry her 2nd grand-
daughter Bharti Kumari also. All accused persons were also
pressurizing for marriage her 2nd grand-daughter with said
Niraj Sahani to which Priyanka Kumari elder granddaughter
was objected. Due to that annoyance the accused persons started
torture to Priyanka Kumari. On 04.10.2024 the informant came
to know from her villagers that her grand-daughter Priyanka
Kumari has been killed by the accused persons and they have
concealed the dead body. When the informant went to their
house but no one was present at house. The informant suspected
that all the accused persons have killed her granddaughter and
also concealed the dead body. On the basis of said written
petition the instant case has been registered.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR and except suspicion there is no cogent
material available to suggest the involvement of the petitioner in
the present case. It is next submitted that there is no eye-witness
to the occurrence in the question and even the dead body of the
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victim/deceased has not been found as yet. It is next submitted
that the police after investigation submitted the charge sheet on
16.01.2025 and the petitioner is in custody since 16.01.025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner is a person with clean antecedent and
is in custody since 16.01.2025, 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 Additional Sessions Judge-8, West
Champaran, Bettiah in connection with Sahodara P.S. Case No.
87 of 2024, subject to the following conditions:-
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 canceled 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
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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)
Gaurav Sinha/-
U T
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