Created by Fuzzy Cloud

Patna High Court

Dasarath SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner with specified conditions.

Summary

Dasarath Sah applied for regular bail in a case (S.Tr. No.595 of 2025) involving charges under Sections 103(1), 109 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act, 1959. The earlier bail application had been rejected, but the court had allowed a fresh application after the charge was framed on 25 July 2025. At the time of hearing, four of nine prosecution witnesses had been examined and the trial was ongoing. The petitioner asserted a clean antecedent and willingness to comply with any conditions, while the informant and the State opposed bail, citing the seriousness of the alleged brutal murder and the progress of the trial. The court, considering the circumstances and the petitioner’s clean record, granted bail on a bond of Rs 30,000 with conditions under Section 480(3) of the BNSS, 2023, including a family bailor, regular court appearances, and monthly police attendance.

Issues considered

  • What is the appropriateness of granting regular bail to the petitioner given the seriousness of the charges and the stage of trial?
  • Do the conditions imposed under Section 480(3) of the BNSS, 2023 satisfy the requirements for bail in this case?

Legislation cited

Subjects

  • regular bail
  • bail conditions
  • Bharatiya Nagarik Suraksha Sanhita
  • Arms Act
  • criminal trial
  • clean antecedent
  • murder case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74897 of 2025
                   Arising Out of PS. Case No.-833 Year-2024 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
                 Dasarath Sah S/o- Late Ramdeo Sah Village- Patahi Hari PS- Sadar District-
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Preety Kunwar, Adv.
                 For the Opposite Party/s :     Mr.Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   09-02-2026                     Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner seeks regular bail in connection with

                   S.Tr. No.595 of 2025 arising out of Muzaffarpur Sadar P.S. Case

                   No.833 of 2024 lodged under Sections 103(1), 109 & 3(5) of the

                   B.N.S., 2023 read with section 27 of the Arms Act, 1959.

                                3. Learned counsel for the petitioner submits that the

                   bail application of the petitioner had earlier been rejected vide

                   order dated 03.06.2025 passed in Cr. Misc. No.34320 of 2025 in

                   which liberty was granted to him to renew his prayer for bail

                   after framing of charge.

                                4. Learned counsel for the petitioner further submits

                   that the charge has already been framed in this case on
Patna High Court CR. MISC. No.74897 of 2025(4) dt.09-02-2026
                                            2/3




          25.07.2025 and examination of prosecution witness is going on.

          He further submits that out of 9 witnesses, 4 witnesses have

          been examined. He further submits that the petitioner was an

          order giver and another order giver has been granted bail by the

          Co-ordinate Bench of this Court vide order dated 15.01.2026

          passed in Cr. Misc. No.880 of 2026.

                       5. Counsel for the petitioner submits that petitioner’s

          antecedent is clean and he is ready to fulfill all the condition

          whatsoever shall be imposed upon him.

                       6. Learned counsel for the informant vehemently

          opposes the prayer for bail and submits that examination of total

          6 witnesses is going on and after every 15 days, the case has

          been posted for prosecution witnesses and there is every

          likelihood that trial shall be concluded within 3 months.

                       7. Counsel further submits that one of the co-accused

          has been granted bail only on the ground that she is a female. He

          further submits that it is a case of brutal murder of 2 persons.

                       8. Learned counsel for the State opposes the prayer

          for bail and submits that charge has already been framed in this

          case and examination of the prosecution witnesses is going on.

                       9. In the present facts and circumstances of this case

          and the submissions made above, let the petitioner above
           Patna High Court CR. MISC. No.74897 of 2025(4) dt.09-02-2026
                                                       3/3




                     named, be granted bail on furnishing bail bonds of Rs. 30,000/-

                     (Rupees Thirty Thousand Only) as mentioned in Section 2(1)

                     (d) of the BNSS, 2023 to the satisfaction of Addl. Sessions

                     Judge, Muzaffarpur or Successor Court in connection with S.Tr.

                     No.595 of 2025 arising out of Muzaffarpur Sadar P.S. Case

                     No.833 of 2024, subject to the following conditions as laid

                     down under Section 480(3) of the Bharatiya Nagarik Suraksha

                     Sanhita, 2023 with the following conditions:-

                                  (i) one of the bailor should be the family member of

                     the petitioner who shall provide official document to show his

                     bona fide;

                                  (ii) the petitioner shall appear on each and every date

                     before the Trial Court and failure to do so for two consecutive

                     dates without plausible reason will entail cancellation of his bail

                     bonds by the Trial Court itself;

                                  (iii) the petitioner shall appear before the concerned

                     police station every month for one year to mark attendance.



                                                              (Dr. Anshuman, J)
Prakashmani/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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