Created by Fuzzy Cloud

Patna High Court

Suresh Sahani @ Suresh FaujdarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.73149 of 2025(6) dt.19-03-2026
                                            2/4




          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
Patna High Court CR. MISC. No.73149 of 2025(6) dt.19-03-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.73149 of 2025(6) dt.19-03-2026
                                                       4/4




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.